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BESLER & CO., INC. v. BRADLEY

824 A.2d 289 (2003)

361 N.J. Super. 168

BESLER & COMPANY, INC., and the Hospital Center at Orange, Plaintiffs-Appellants, v. Deborah C. BRADLEY, as Acting Director of the Division of Medical Assistance and Health Services, Department of Human Services, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 11, 2003.

Attorney(s) appearing for the Case

James V. Hetzel argued the cause for appellants (Kalison, McBride, Jackson &

Murphy, attorneys; Mr. Hetzel, of counsel and on the brief; John J. Deno, on the brief).

Erin O'Leary, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Acting Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Ms. O'Leary, on the brief).

Before Judges SKILLMAN, LEFELT and WINKELSTEIN.

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

Besler & Company, Inc. and the Hospital Center at Orange (Besler) contend that the Division of Medical Assistance and Health Services (DMAHS) violated the Administrative Procedure Act (APA), N.J.S.A. 52:14B-1 to -25, and Metromedia, Inc. v. Dir., Div. of Taxation, 97 N.J. 313, 478 A.2d 742 (1984), by issuing a letter without...

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