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E.B. v. DIV. OF MED. ASSISTANCE

Docket No. A-6110-10T3, A-6111-10T3, A-0637-11T3

67 A.3d 671 (2013)

431 N.J. Super. 183

E.B., Plaintiff-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, Defendant-Respondent. E.S., Plaintiff-Appellant, v. Division of Medical Assistance and Health Services, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 5, 2013.

Attorney(s) appearing for the Case

Jonathan M. Crist of the Pennsylvania bar, admitted pro hac vice, argued the cause for appellants E.B. and E.S. ( Schutjer Bogar , attorneys; Grant Berger , on the briefs).

Vicki A. Mangiaracina , Deputy Attorney General, argued the cause for respondent ( Jeffrey S. Chiesa , Attorney General, attorney; Ms. Mangiaracina and Melissa Raksa , Assistant Attorney General, on the brief).

Before Judges SABATINO, FASCIALE and MAVEN.

The opinion of the court was delivered by

MAVEN, J.S.C. (temporarily assigned).

These three appeals, two of which (A-0637-11 and A-6110-10) have been previously consolidated and a third one (A-6111-10), which was calendared back-to-back with those cases,1 challenge the issuance of Medicaid Communication No. 11-03,2 dated February 22, 2011, by the Division of Medical Assistance and Health Services of...

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