RODGERS v. GIBSON


218 N.J. Super. 452 (1987)

528 A.2d 43

TYRONE RODGERS, ET AL., PLAINTIFFS-APPELLANTS, AND ALFRED A. SLOCUM, PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY, PLAINTIFF-INTERVENOR, v. KENNETH A. GIBSON, MAYOR, CITY OF NEWARK; MUNICIPAL COUNCIL OF THE CITY OF NEWARK; DIRECTOR, MUNICIPAL WELFARE OF THE CITY OF NEWARK; DIRECTOR, DIVISION OF PUBLIC WELFARE OF THE STATE OF NEW JERSEY; DIRECTOR, DEPARTMENT OF HUMAN SERVICES OF THE STATE OF NEW JERSEY; DIRECTOR, DIVISION OF MENTAL HEALTH AND HOSPITALS OF THE DEPARTMENT OF HUMAN SERVICES OF THE STATE OF NEW JERSEY; COUNTY OF ESSEX, DEFENDANTS-RESPONDENTS. BETTY ANN PATTERSON, PETITIONER-APPELLANT, v. DEPARTMENT OF HUMAN SERVICES OF THE STATE OF NEW JERSEY, ET AL., RESPONDENTS-RESPONDENTS. JAMES DAVIS, PETITIONER-APPELLANT, v. DEPARTMENT OF HUMAN SERVICES OF THE STATE OF NEW JERSEY, ET AL., RESPONDENTS-RESPONDENTS. MELVIN ANCRUM, PETITIONER-APPELLANT, v. DEPARTMENT OF HUMAN SERVICES OF THE STATE OF NEW JERSEY, ET AL., RESPONDENTS-RESPONDENTS. ROSE MARY EVANS, ET AL., PETITIONERS-APPELLANTS, AND ALFRED A. SLOCUM, PUBLIC ADVOCATE OF THE STATE OF NEW JERSEY, PETITIONER-INTERVENOR, v. DEPARTMENT OF HUMAN SERVICES OF THE STATE OF NEW JERSEY, ET AL., RESPONDENTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 26, 1987.


Attorney(s) appearing for the Case

Nicholas T. Grosch, Assistant County Counsel, argued the cause for respondent County of Essex in A-1968-85T6 (H. Curtis Meanor, Acting County Counsel, attorney; Nicholas T. Grosch, on the letter brief).

Teresa M. Burzynski, Deputy Attorney General, argued the cause for respondent Department of Human Services in A-3076-86T5, A-3240-86T5, A-3241-86T5 and A-3653-86T5 (W. Cary Edwards, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Dennis J. Conklin, Deputy Attorney General, on the brief).

Raymond Bolanski, First Assistant City Attorney, argued the cause for respondent City of Elizabeth in A-3076-86T5, A-3240-86T5 and A-3241-86T5 (Frank P. Trocino, City Attorney, attorney; Raymond Bolanski, on the brief).

Eric J. Goodman, Township Attorney, argued the cause for respondent Township of Irvington in A-3653-86T5.

American Civil Liberties Union filed an amicus curiae brief in A-1968-85T6, A-3076-86T5, A-3240-86T5, A-3241-86T5 and A-3653-86T5 (Eric Neisser, attorney; John M. Payne, on the brief).

Joseph Harris David argued the cause for appellants Rodgers, et al., and Evans, et al. (Legal Services of New Jersey, attorney; Melville D. Miller, Jr., of counsel; Joseph Harris David, on the brief).

Essex Newark Legal Services, attorney for appellants Rodgers, et al., and Evans, et al. (Elizabeth Inserra and Yvette Kyles, on the brief filed by Legal Services of New Jersey).

Alfred Donnarumma argued the cause for appellant Patterson and appellant Ancrum (Union County Legal Services Corp., attorney; Alfred Donnarumma and Carol Horwitz, on the brief).

Madeleine Cagney argued the cause for appellant Davis (Community Health Law Project, attorney; Madeleine Cagney, on the brief).

John P. Thurber and Michael Z. Buncher, Assistant Deputies Public Advocate, argued the cause for intervenor in A-1968-85T6 (Alfred A. Slocum, Public Advocate, attorney; Richard E. Shapiro and John P. Thurber and Michael Z. Buncher, on the brief).

David G. Sciarra, Assistant Deputy Public Advocate, argued the cause for intervenor in A-3653-86T5 and amicus curiae in A-3076-86T5, A-3240-86T5, and A-3241-86T5 (Alfred A. Slocum, Public Advocate, attorney; David G. Sciarra, on the briefs).

Alison Brown Jones, Assistant Corporation Counsel, argued the cause for respondent City of Newark in A-1968-85T6 and A-3653-86T5 (Glenn A. Grant, Corporation Counsel, attorney; Alison Brown Jones, on the brief).

Before Judges PRESSLER, GAULKIN and ASHBEY.


The opinion of the court was delivered by PRESSLER, P.J.A.D.

In Maticka v. City of Atlantic City, 216 N.J.Super. 434 (App.Div. 1987), we addressed the problem of homelessness in the context of a challenge by the Public Advocate to the fault standard and time restriction prescribed by N.J.A.C. 10:82-5.10(c), the two-pronged qualifier which limits the eligibility...

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