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BOE v. DEPARTMENT OF HUMAN SERVICES

844 A.2d 531 (2004)

367 N.J. Super. 572

Harold G. BOE, Plaintiff-Appellant, v. DEPARTMENT OF HUMAN SERVICES, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 2004.

Attorney(s) appearing for the Case

James M. Bell, Cranford, for appellant.

Peter C. Harvey, Attorney General, for respondent (Patrick DeAlmeida, Deputy Attorney General, of counsel; Amina Maddox, Deputy Attorney General, on the brief).

Before Judges KESTIN, AXELRAD and WINKELSTEIN.

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

Plaintiff, Harold G. Boe, filed a complaint seeking a judgment declaring: 1) that an institutional lien on a parcel of real property had been extinguished upon the death of Mary Boe (decedent), plaintiff's mother; and 2) that title in the premises was vested in plaintiff entirely free of defendant's institutional lien by reason of plaintiff's joint ownership of the parcel with the right of survivorship. On...

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