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A.B. v. DIV. OF MEDICAL ASSISTANCE AND HEALTH SERVICES

No. A-1855-06T1.

971 A.2d 403 (2009)

407 N.J. Super. 330

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

Superior Court of New Jersey, Appellate Division.

Decided May 15, 2009.

Attorney(s) appearing for the Case

Candidus Dougherty, Philadelphia, PA, argued the cause for appellant (Rutgers Civil Practice Clinic, attorneys; Traci Overton, Supervising Attorney; Ms. Dougherty and F. Gregory Lastowka of the Pennsylvania bar, admitted pro hac vice, on the brief).

Dianna Rosenheim, Deputy Attorney General, argued the cause for respondent Division of Medical Assistance and Health Services (Anne Milgram, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Caitlin A. McLaughlin, Deputy Attorney General, on the brief).

Respondent Camden County Board of Social Services has not filed a brief.

Before Judges CUFF, C.L. MINIMAN and BAXTER.

The opinion of the court was delivered by

C.L. MINIMAN, J.A.D.

Petitioner A.B. appeals from an October 10, 2006, final decision of respondent Division of Medical Assistance and Health Services (the Division) finding that A.B. was not eligible to participate in the New Jersey Care Program (NJCare), N.J.A.C. 10:72-1.1 to -9.8. We affirm.

I.

The facts are undisputed. A.B., a Russian immigrant who is now ninety years old, became a lawful...

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