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PLANNED PARENTHOOD, N.Y.C. v. STATE

138 N.J. Super. 450 (1976)

351 A.2d 382

PLANNED PARENTHOOD OF NEW YORK CITY, INC., A NON-PROFIT CORPORATION OF THE STATE OF NEW YORK, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF INSTITUTIONS AND AGENCIES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, ET AL, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 20, 1976.

Attorney(s) appearing for the Case

Mr. Alfred L. Ferguson argued the cause for appellant (Messrs. McCarter & English, attorneys; Mr. Richard M. Eittreim, of counsel and on the brief).

Mr. Robert E. Popkin, 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).

Before Judges KOLOVSKY, BISCHOFF and BOTTER.

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

Appellant Planned Parenthood of New York City, submitted a claim to the New Jersey Department of Institutions and Agencies, Division of Medical Assistance and Health Services, seeking reimbursement for abortions performed on New Jersey residents at its clinic in New York City. Following a hearing before a hearing officer the Director of the Division filed a decision denying the application.

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