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A.B. v. DMAHS

865 A.2d 701 (2005)

374 N.J. Super. 460

A.B., Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES and Passaic County Board of Social Services, Respondents-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 21, 2005.

Attorney(s) appearing for the Case

Donald McHugh, East Hanover, argued the cause for appellant (McHugh & Macri, attorneys; Mr. McHugh, on the brief).

Caitlin L. Aviss, Deputy Attorney General, argued the cause for respondents (Peter C. Harvey, Attorney General, attorney; Michael J. Hass, Assistant Attorney General, of counsel; Ms. Aviss, on the brief).

Before Judges STERN, COBURN and S.L. REISNER.

The opinion of the court was delivered by

S.L. REISNER, J.A.D.

A.B. appeals from a final determination of the Director of the Division of Medical Assistance and Health Services (DMAHS) denying her Medicaid benefits because her husband refused to name the State of New Jersey as first remainder beneficiary on his commercial annuity. The parties stipulated that the annuity was purchased to provide income to the husband and that it was not purchased for the purpose...

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