BD. OF EDUC. OF NEWARK v. N.J. DEPT. OF TREASURY


145 N.J. 269 (1996)

678 A.2d 660

THE BOARD OF EDUCATION OF NEWARK, A BODY CORPORATE ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF NEW JERSEY; EUGENE C. CAMPBELL, EXECUTIVE SUPERINTENDENT OF SCHOOLS OF THE BOARD OF EDUCATION OF NEWARK; AND EUGENE C. CAMPBELL, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. NEW JERSEY DEPARTMENT OF THE TREASURY, DIVISION OF PENSIONS; MARGARET M. MCMAHON, DIRECTOR OF DIVISION OF PENSIONS, ACTING SECRETARY OF THE STATE HEALTH BENEFITS COMMISSION AND/OR CUSTODIAN OF RECORDS; SAMUEL F. CRANE, NEW JERSEY STATE TREASURER; WILLIAM G. SCHEUER, COMMISSIONER OF THE DEPARTMENT OF PERSONNEL AND MERIT SYSTEM BOARD, DIVISION OF PENSIONS; SAMUEL F. FORTUNATO, COMMISSIONER OF THE DEPARTMENT OF INSURANCE; PATRICIA A. CHIACCHIO, SECRETARY, STATE HEALTH BENEFITS COMMISSION AND AS CUSTODIAN OF RECORDS, STATE HEALTH BENEFITS COMMISSION; JOHN DOE (A FICTITIOUS INDIVIDUAL), CUSTODIAN OF RECORDS, STATE HEALTH BENEFITS COMMISSION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 15, 1996.


Attorney(s) appearing for the Case

Mark J. Fleming, Assistant Attorney General, argued the cause for appellants (Deborah T. Poritz, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Sue E. Kleinberg, Deputy Attorney General and Michael J. Haas, Senior Deputy Attorney General, on the briefs).

Michael D. Bross and Adam H. Zipkin argued the cause for respondents (Bross, Strickland, Cary, Shapiro, Grossman and Icaza, attorneys; Sheldon Bross, of counsel; Michael D. Bross and Adam H. Zipkin, on the briefs).


The opinion of the Court was delivered by STEIN, J.

Respondent, the Board of Education of Newark (Board),1 is a participating employer in the State Health Benefits Plan (Plan). In 1991, the Board requested that appellant, the State Health Benefits Commission (Commission), provide it with information on medical claims paid by the Plan on behalf of the Board's employees. The Commission denied the...

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