MATTER OF RAY v. WING


238 A.D.2d 958 (1997)

661 N.Y.S.2d 163

In the Matter of Anita Ray, Petitioner, v. Brian Wing, as Acting Commissioner of New York State Department of Social Services, Respondent

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

April 25, 1997


Determination unanimously annulled on the law without costs and petition granted in accordance with the following Memorandum: Petitioner is a 42-year-old woman who suffers from hereditary spinocerebellar degenerative disease, insulin-dependent diabetes mellitus gastroparesis, and urinary incontinence and is completely wheelchair-dependent. Because petitioner lacks the upper body strength to propel a wheelchair with her arms, she must push and pull the wheelchair with her...

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