MATTER OF HARBECK v. BLUM


78 A.D.2d 726 (1980)

In the Matter of Raymond Harbeck, Petitioner, v. Barbara Blum, as Commissioner of The New York State Department of Social Services, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 16, 1980


Petitioner, a 28-year-old recipient of public assistance, is a chronic asthmatic, and sought to obtain an air conditioner and a humidifier under the Medicaid program, as items of necessary medical supplies (Social Services Law, § 365-a). Authorization to purchase such equipment was denied by the local agency's medical director (cf. 18 NYCRR 505.3), who subsequently testified at a fair hearing that his decision was based on a

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