IN THE MATTER OF CERTIFICATE OF NEED FOR HUMC NORTH HOSPITAL

Nos. A-3155-11T1, A-3238-11T1.

IN THE MATTER OF CERTIFICATE OF NEED FOR HUMC NORTH HOSPITAL. ENGLEWOOD HOSPITAL AND MEDICAL CENTER, Appellant, v. COMMISSIONER OF HEALTH AND SENIOR SERVICES, and HACKENSACK UNIVERSITY MEDICAL CENTER, Respondents. IN THE MATTER OF CERTIFICATE OF NEED FOR HUMC NORTH HOSPITAL. THE VALLEY HOSPITAL, INC., Appellant, v. NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES and MARY E. O'DOWD, in her official capacity as COMMISSIONER OF THE NEW JERSEY DEPARTMENT OF HEALTH AND SENIOR SERVICES, and HACKENSACK UNIVERSITY MEDICAL CENTER, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided December 4, 2012.


Attorney(s) appearing for the Case

James M. Hirschhorn argued the cause for appellant Englewood Hospital and Medical Center (Sills Cummis & Gross, P.C., attorneys; Mr. Hirschhorn, of counsel and on the brief; Kenneth F. Oettle , on the brief).

Douglas S. Eakeley argued the cause for appellant The Valley Hospital (Lowenstein Sandler, PC, and Giordano, Halleran & Ciesla, P.C., attorneys; Mr. Eakeley and Frank R. Ciesla , of counsel and on the brief).

Michael J. Kennedy , Deputy Attorney General, argued the cause for respondents Commissioner of Health and Senior Services and New Jersey Department of Health and Senior Services ( Jeffrey S. Chiesa , Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Susan J. Dougherty , Deputy Attorney General, on the brief).

Thomas A. Abbate argued the cause for respondent Hackensack University Medical Center (DeCotiis, FitzPatrick & Cole, LLP, attorneys; Mr. Abbate, of counsel and on the brief; Gregory J. Bevelock and Mark A. Bunbury, Jr. , on the brief).

Before Judges Sabatino, Fasciale and Maven.


NOT FOR PUBLICATION

PER CURIAM.

In these two consolidated appeals, appellants Englewood Hospital and Medical Center ("Englewood") and The Valley Hospital, Inc. ("Valley") challenge a February 27, 2012 decision of the Commissioner of the Department of Health (the "Department"), granting a certificate of need ("CN") to Hackensack University Medical Center ("HUMC"). The CN authorizes HUMC to open a new 128-bed hospital in Westwood at the former site of Pascack...

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