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

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.