MATTER OF MARTEN v. DEBUONO


273 A.D.2d 314 (2000)

709 N.Y.S.2d 852

In the Matter of BRUCE MARTEN, Appellant, v. BARBARA DEBUONO, as Commissioner of New York State Department of Health, Respondent.

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

Decided June 12, 2000.


Adjudged that the petition is granted, on the law, without costs or disbursements, to the extent that the determination is annulled, the application for approval to rent a Continuous Positive Airway Pressure machine, with necessary accessories, is granted, and the petition is otherwise denied.

A Medicaid recipient must apply for approval from the Department of Health (hereinafter the DOH) to obtain certain medical equipment (see, 18 NYCRR part 513). If an applicant...

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