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N.J. PHARMACEUTICAL ASSN. v. KLEIN

140 N.J. Super. 16 (1976)

354 A.2d 707

NEW JERSEY PHARMACEUTICAL ASSOCIATION, NORMAN KRITZ, LEONARD LENZEN, JR., AARON SILNUTZER AND NATHAN SINGER, APPELLANTS, v. ANN KLEIN, COMMISSIONER OF INSTITUTIONS AND AGENCIES, AND NEW JERSEY DEPARTMENT OF INSTITUTIONS AND AGENCIES, RESPONDENTS. JOSEPHINE DAVIS, ELOISE AIKENS AND RUBY GRACE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, APPELLANTS, v. ANN KLEIN, COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF INSTITUTIONS AND AGENCIES, AND NEW JERSEY DEPARTMENT OF INSTITUTIONS AND AGENCIES, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 1976.

Attorney(s) appearing for the Case

Mr. Harold A. Kuskin argued the cause for appellants (Messrs. Wilentz, Goldman & Spitzer, attorneys; Messrs. Harold A. Kuskin and Frank J. Cundari, of counsel and on the brief; Mr. Marvin J. Brauth on the brief).

Mr. Michael S. Bokar, Deputy Attorney General, argued the cause for respondents (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. Stephen Skillman, Assistant Attorney General, of counsel).

Mr. Harris David, Director, Essex-Newark Legal Services Project, attorney for appellants (Mr. Edward H. Tetelman and Ms. Paula G. Roberts on the brief).

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondents (Mr. Stephen Skillman, Assistant Attorney General, of counsel and on the brief, Mr. Robert E. Popkin, Deputy Attorney General, on the brief).

Before Judges KOLOVSKY, BISCHOFF and BOTTER.

The opinion of the court was delivered by KOLOVSKY, P.J.A.D.

Although these appeals were submitted to us separately, they appropriately may be disposed of in one opinion since both challenge regulations adopted by the Commissioner of Institutions and Agencies (Commissioner), effective August 1, 1975, in order to reduce payments to be made by the State under its Medicaid program.

Appellants Davis et al. are Medicaid recipients. Their brief challenges...

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