MATTER OF GODFREY v. SHAH

TP 11-01540.

91 A.D.3d 1294 (2012)

937 N.Y.S.2d 779

2012 NY Slip Op 564

In the Matter of ALAYNA GODFREY, by her Parent and Natural Guardian MICHELLE GODFREY Petitioner, v. NIRAV R. SHAH, Commissioner, New York State Department of Health, et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided January 31, 2012.


It is hereby ordered that the determination is unanimously annulled on the law and facts without costs and the petition is granted.

Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge the determination made following a fair hearing that denied her request seeking approval to purchase a Bantam Stander standing device with options (Bantam). Petitioner is a seven-year-old Medicaid recipient with multiple disabilities who is wheelchair-bound...

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