MATTER OF JOHNSON v. WING


237 A.D.2d 960 (1997)

654 N.Y.S.2d 902

In the Matter of Davis Johnson, Petitioner, v. Brian J. 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.

March 14, 1997


Determination unanimously annulled on the law without costs and petition granted in accordance with the following Memorandum: Petitioner is a 49-year-old man who is completely wheelchair dependent. Petitioner established that the elevation of his legs and his frequent repositioning in his wheelchair are medically necessary to promote his circulation and prevent further incidents of decubitus. The tilt in space and elevating leg rests features of the wheelchair requested by...

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