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MISTRICK v. DIV. OF MED. ASSIST. AND HEALTH SERVICES

299 N.J. Super. 76 (1997)

SOPHIE MISTRICK, PETITIONER-APPELLANT, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 1997.

Attorney(s) appearing for the Case

Joseph A. Bottitta, argued the cause for appellant (Bottitta & Bascelli, attorneys; Mr. Bottitta and Angelo Dattolo, on the brief).

Eric M. Underriner, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Mr. Underriner, on the brief).

Before Judges PRESSLER, STERN and WECKER.

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

This is a Medicaid eligibility case. The sole legal issue before us is the correctness of the final decision of the Director of the respondent Division of Medical Assistance and Health Services holding that for purposes of determining one spouse's resource-eligibility for institutional Medicaid, the individual retirement account (IRA) of the other spouse is an includable resource. We are satisfied that this...

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