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UMDNJ v. GRANT

778 A.2d 473 (2001)

343 N.J. Super. 162

UNIVERSITY OF MEDICINE AND DENTISTRY OF NEW JERSEY— University Hospital, Appellant, v. Christine GRANT, Commissioner, Department of Health and Senior Services, and Michele K. Guhl, Commissioner, Department of Human Services, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided June 7, 2001.

Attorney(s) appearing for the Case

Joseph Lubertazzi, Jr., Newark, argued the cause for appellant (McCarter & English, attorneys; Richard J. Webb and Mr. Lubertazzi, of counsel; Paul E. DelloRusso and Lisa M. DeRose, on the brief).

Howard Z. Myerowitz, Deputy Attorney General, argued the cause for respondents (John J. Farmer, Jr., Attorney General, attorney; Nancy Kaplan, Assistant Attorney General, of counsel; Eileen C. Stokley, Deputy Attorney General, on the brief).

Brian M. Foley, Liberty Corner, argued the cause for intervenor Cathedral Health Services, Inc.

Richard R. Width, Westfield, argued the cause for intervenors Trinitas Hospital and St. Joseph's Hospital and Medical Center (Lindabury, McCormick & Estabrook, attorneys; Mr. Width, on the brief).

Michael E. Petrella argued the cause for intervenor Jersey City Medical Center (Lowenstein Sandler, attorneys; Zulima V. Farber, on the brief; Lowenstein Sandler also join in the briefs filed by respondents and by intervenor Cathedral Health Services, Inc.).

Before Judges WALLACE, Jr., LINTNER and PARRILLO.

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

This is an appeal by University of Medicine and Dentistry of New Jersey University Hospital (UMDNJ), the largest provider of charity care in New Jersey, from a final determination by the Department of Health and Senior Services (DHSS) that decreased its FY2000 charity care subsidy by $9,215,646 from its FY1999 allocation. UMDNJ attributes error in the DHSS's calculation to the use of...

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