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CIESLA v. N.J. DEPT. OF HEALTH

Docket No. A-5309-10T1

57 A.3d 40 (2012)

429 N.J. Super. 127

Frank R. CIESLA o/b/o the Valley Hospital, Appellant, v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES, Division of Health Care and Quality Oversight, Respondent, and Hackensack University Medical Center, Intervenor-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 4, 2012.

Attorney(s) appearing for the Case

Douglas S. Eakeley , Roseland, argued the cause for appellant (Lowenstein Sandler, PC and Giordano, Halleran & Ciesla, P.C., attorneys; Mr. Eakeley and Frank R. Ciesla , Red Bank, of counsel and on the brief).

Michael J. Kennedy , Deputy Attorney General, argued the cause for respondent Department of Health and Senior Services ( Jeffrey S. Chiesa , Attorney General, attorney; Lewis A. Scheindlin , Assistant Attorney General, of counsel; Mr. Kennedy , on the brief).

Jennifer Borek , Newark, argued the cause for respondent State of New Jersey Government Records Council (Genova, Burns & Giantomasi, attorneys; Ms. Borek , of counsel and on the brief; Eileen Fitzgerald Addison , on the brief).

Thomas A. Abbate , Teaneck, argued the cause for respondent Hackensack University Medical Center (DeCotiis, FitzPatrick & Cole, LLP, attorneys; Mr. Abbate , Gregory J. Bevelock , Teaneck, and Mark A. Bunbury, Jr. , on the brief).

Before Judges SABATINO, FASCIALE and MAVEN.

The opinion of the court was delivered by

SABATINO, J.A.D.

We consider in this appeal a denial by the Government Records Council ("the GRC" or "the Council") of a request made under the Open Public Records Act ("OPRA"), N.J.S.A. 47:1A-1 to -13, to obtain a draft report prepared by staff within the New Jersey Department of Health ("the Department") concerning a hospital's application for a certificate of need...

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