MATTER OF KINDRON v. DEBUONO


266 A.D.2d 896 (1999)

697 N.Y.S.2d 794

In the Matter of JENNIFER KINDRON, an Infant, by PATRICIA KINDRON, as Guardian of Her Property, Petitioner, v. BARBARA A. DEBUONO, as Commissioner of New York State Department of Health, Respondent.

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

Decided November 12, 1999.


Determination unanimously annulled on the law without costs and petition granted in accordance with the following Memorandum: Petitioner commenced this proceeding on behalf of her 15-yearold daughter, Jennifer, who has spinal muscle atrophy, a progressive disease that results in increasing muscular weakness and motor loss. Jennifer's physician requested funding approval from the Office of Health Systems Management (OHSM) for the purchase of a Hoyer swimming pool lift and...

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