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IN RE KIETUR

752 A.2d 799 (2000)

332 N.J. Super. 18

In the Matter of Kelly KIETUR

Superior Court of New Jersey, Appellate Division.

Decided June 14, 2000.

Attorney(s) appearing for the Case

John J. Farmer, Jr., Attorney General, for appellant Division of Medical Assistance And Health Services (Michael J. Haas, Assistant Attorney General, of counsel; Jack S. Senechal, Deputy Attorney General, on the brief).

Blume, Goldfaden, Berkowitz, Donnelly, Fried & Forte, Chatham, for respondent Kelly Kietur by her Guardian Ad Litem, Gilma Kietur (John M. Blume, of counsel; Daryl L. Zaslow, on the brief).

Before Judges KING, CARCHMAN and LEFELT.

The opinion of the court was delivered by LEFELT, J.S.C. (temporarily assigned).

The Division of Medical Assistance and Health Services ("DMAHS") appeals from the denial of its motion for partial withdrawal of funds from the Bergen County Surrogate's Custodial Account for Minors. The funds were placed in the account on behalf of Kelly Kietur ("Kelly") as a result of a medical malpractice settlement with the medical care providers...

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