MATTER OF LAGOWSKI v. WHALEN


270 A.D.2d 827 (2000)

706 N.Y.S.2d 283

In the Matter of CHESTER LAGOWSKI, Petitioner, v. DENNIS WHALEN, as Acting Commissioner of New York State Department of Health, Respondent.

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

Decided March 29, 2000.


Determination unanimously annulled on the law without costs and petition granted.

Memorandum:

We agree with petitioner that the determination denying his request for the purchase of a Dynamyte 3100 communication device must be annulled and the petition granted. Petitioner has been diagnosed with cerebral vascular accident with right hemiparesis and aphasia; he receives speech language therapy and adult aphasia communication therapeutic support. He requires...

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