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IN RE APPLICATION OF VIRTUA-WEST JERSEY HOSPITAL

915 A.2d 1074 (2007)

390 N.J. Super. 444

In re APPLICATION OF VIRTUA-WEST JERSEY HOSPITAL VOORHEES FOR a CERTIFICATE OF NEED.

Superior Court of New Jersey, Appellate Division.

Decided February 8, 2007.

Attorney(s) appearing for the Case

John C. Connell, Haddonfield, argued the cause for appellants Cooper Health System and Our Lady of Lourdes Medical Center (Archer & Greiner, attorneys; Mr. Connell and Robert J. Fogg, on the brief).

Rachana Munshi, Deputy Attorney General, argued the cause for respondent Department of Health and Senior Services (Stuart Rabner, Attorney General, attorney; Michael Haas, Assistant Attorney General, of counsel; Melissa H. Raksa, Deputy Attorney General, and Ms. Munshi, on the brief).

Philip H. Lebowitz, Philadelphia, PA, of the Pennsylvania bar, admitted pro hac vice, argued the cause for respondent-intervenor Virtua-West Jersey Hospital Voorhees (Duane Morris, attorneys; Frank A. Luchak and Steven M. Richman, of counsel; R. Christopher Raphaely and Mr. Lebowitz, on the brief).

Before Judges KESTIN, PAYNE and LIHOTZ.

The opinion of the court was delivered by

KESTIN, P.J.A.D.

Cooper Health System and Our Lady of Lourdes Medical Center appeal from the October 5, 2004 final decision of the Deputy Commissioner for Public Health Services of the Department of Health and Senior Services (Commissioner; Department) approving a certificate of need (CN) application from Virtua-West Jersey Hospital Voorhees (Virtua), allowing Virtua to change its maternal and child health care (MCHC...

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