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IN THE MATTER OF LAYER v. NOVELLO

17 A.D.3d 1123 (2005)

795 N.Y.S.2d 810

In the Matter of THOMAS LAYER, 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.

April 29, 2005.

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 commenced this CPLR article 78 proceeding to challenge the determination following a fair hearing that denied his request for approval to purchase an EasyStand 5000 standing device with accessories (EasyStand). Petitioner, a 30-year-old Medicaid recipient diagnosed with spastic quadriplegia...

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