GUAMAN v. VELEZ

Docket Nos. A-1870-10T2, M-3432-10

23 A.3d 451 (2011)

421 N.J. Super. 239

Manuel GUAMAN, Maria Guaman, Nadia Chery, Deyinira Valenzuela, Rosa Rodriguez and Keithon Blake, Plaintiffs-Appellants, v. Jennifer VELEZ, Commissioner of New Jersey Department of Human Services and John Guhl, Director, Division of Medical Assistance and Health Services, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 2011.


Attorney(s) appearing for the Case

Jennifer B. Condon argued the cause for appellants (Seton Hall University School of Law Center for Social Justice and Gibbons, P.C., attorneys; Ms. Condon , Baher Azmy , Newark, Rachel Lopez , and Lawrence S. Lustberg , Newark, on the brief).

Dianna Rosenheim , Deputy Attorney General, argued the cause for respondent Department of Human Services, Division of Medical Assistance and Health Services ( Paula T. Dow , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Ms. Rosenheim, on the brief).

Brett D. Kahn argued the cause for amicus curiae New Jersey Appleseed Public Interest Law Center; New Jersey Policy Perspective; New Jersey Citizen Action; State Parent Advocacy Network; Family Voices of New Jersey; Next Step; New Jersey Working Families Alliance; Blue Wave; South Jersey Chapter of the National Organization of Women; The Unitarian Universalist Legislative Ministry of New Jersey; The Lutheran Office of Governmental Ministry in New Jersey; Latino Action Network; and Democracia (McCarter & English, LLP, attorneys; John C. Kelly and Emily B. Goldberg , of counsel and on the brief; Mr. Kahn , Amy T. Klug , and Lauren S. Jones , Newark, on the brief).

Before Judges CARCHMAN, GRAVES and MESSANO.


The opinion of the court was delivered by

MESSANO, J.A.D.

Plaintiffs are legal resident aliens who have resided in this country for less than five years. They seek emergent relief enjoining enforcement of Medicaid Communication 10-01 and N.J.A.C. 10:78-3.2, as amended and adopted on May 28, 2010, which authorized termination of their enrollment in the NJ FamilyCare Program (FamilyCare), a state-funded Medicaid...

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