IN RE RETAIL PHARMACY DESIGN

DOCKET NO. A-1667-20.

290 A.3d 221 (2023)

474 N.J. Super. 630

IN RE PROTEST OF CONTRACT FOR RETAIL PHARMACY DESIGN, CONSTRUCTION, START-UP AND OPERATION, REQUEST FOR PROPOSAL NO. UH-P20-006.

Superior Court of New Jersey, Appellate Division.

Decided February 21, 2023.


Attorney(s) appearing for the Case

Jason A. Levine argued the cause for appellant Sumukha, LLC (Hangley Aronchick Segal Pudlin & Schiller, attorneys; Jason A. Levine and Robert A. Wiygul , on the briefs).

Peter Matthew Slocum , Roseland, argued the cause for respondent, University Hospital (Lowenstein Sandler LLP, attorneys; Christopher Porrino and Ryan Goodwin , on the brief).

Brian P. O'Neill , West Orange, argued the cause for intervenor Shields Pharmacy of University, LLC (Chiesa Shahinian & Giantomasi PC, attorneys; Jeffrey S. Chiesa , Ronald L. Israel , and Brian P. O'Neill, West Orange, on the brief).

Buttaci Leardi & Werner LLC, attorneys for amicus curiae Garden State Pharmacy Owners, Inc. ( John W. Leardi and Nicole P. Allocca , Princeton, on the brief).

Before Judges Gilson, Rose, and Gummer.


The opinion of the court was delivered by

The novel question presented is whether University Hospital is a state administrative agency whose final decisions are directly appealable to this court under Rule 2:2-3(a)(2). University Hospital issued a request for proposals (RFP) to design, construct, and...

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