
    LESLIE W. MERKER, JR., EXECUTOR OF THE ESTATE OF OLIVE A. MERKER, DECEASED, PLAINTIFF-RESPONDENT, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, DEPARTMENT OF HUMAN SERVICES, DEFENDANT-APPELLANT.
    Argued November 7, 1984
    Decided December 7, 1984.
    
      Karen L. Suter, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).
    
      Helen B. Ver Strate argued the cause for respondent (Deakin & Ver Strate, attorneys).
   PER CURIAM.

The members of the Court being equally divided, it is ordered that the judgment of the Appellate Division is affirmed.

For affirmance — Chief Justice WILENTZ, and Justices POLLOCK and GARIBALDI — 3.

'For reversal —Justices CLIFFORD, SCHREIBER and HANDLER — 3.  