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HOLY NAME v. HEALTH CARE ADMIN. BD.

258 N.J. Super. 411 (1992)

609 A.2d 1305

HOLY NAME HOSPITAL, PLAINTIFF-APPELLANT, v. NEW JERSEY HEALTH CARE ADMINISTRATION BOARD AND COMMISSIONER FRANCES DUNSTON, M.D., NEW JERSEY DEPARTMENT OF HEALTH, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 23, 1992.

Attorney(s) appearing for the Case

Theodosia A. Tamborlane argued the cause for appellant (Theodosia A. Tamborlane and Barry Fulmer on the brief).

Darcy A. Saunders, Deputy Attorney General, argued the cause for respondents (Robert J. Del Tufo, Attorney General, attorney, Joseph L. Yannotti, Assistant Attorney General, of counsel, and Darcy A. Saunders on the brief).

Before PETRELLA, R.S. COHEN and A.M. STEIN, JJ.

The opinion of the court was delivered by COHEN, R.S., J.A.D.

Holy Name Hospital is a 370-bed acute care hospital located in Teaneck. It submitted to the New Jersey Department of Health an application for a Certificate of Need (CN) for the establishment of a magnetic resonance imaging (MRI) facility in a Health Service Area (HSA) consisting of Bergen and Passaic counties. Holy Name's application was part of the July 15, 1989, competitive review cycle. It was considered...

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