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MATTER OF SORRENTINO v. NOVELLO

295 A.D.2d 945 (2002)

744 N.Y.S.2d 592

In the Matter of MICHAEL SORRENTINO, Petitioner, v. ANTONIA C. NOVELLO, 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 June 14, 2002.

It is hereby ordered that the determination be and the same hereby is unanimously annulled on the law without costs and the petition is granted.

Memorandum:

Petitioner is a 39-year-old man diagnosed with limb-girdle muscular dystrophy. Respondent denied petitioner's request for the purchase of an LCM Standing Power Wheelchair based upon a lack of medical justification. At the fair hearing challenging the denial of his request,

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