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COUNTY OF ESSEX v. WALDMAN

244 N.J. Super. 647 (1990)

583 A.2d 384

COUNTY OF ESSEX, A BODY POLITIC CORPORATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM WALDMAN [SUCCESSOR TO ALTMAN], ACTING COMM'R., ETC., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 6, 1990.

Attorney(s) appearing for the Case

H. Curtis Meanor argued the cause for respondent (Harry J. Del Plato, Assistant County Counsel, of counsel; Thomas M. Bachman, Assistant County Counsel, on the brief).

Sharon M. Hallanan, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Michael R. Clancy, Assistant Attorney General, of counsel).

John S. Furlong, Mercer County Counsel, filed letter brief on behalf of Amicus, Bill Mathesius (Gail R. Henningsen, Assistant County Counsel, on the letter brief).

Before Judges KING and LONG.

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

This is an appeal by defendants, Commissioner of the Department of Human Services and other State officials within the Department (State), from a summary judgment in the Law Division enjoining the State's long-standing practice of retaining 50% of maintenance payments received in the form of Social Security benefits on behalf of indigent patients with Essex County...

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