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MATTER OF CRUZ v. NEW YORK STATE DEPARTMENT OF HEALTH

32 A.D.3d 1298 (2006)

821 N.Y.S.2d 530

In the Matter of ISRAEL CRUZ, an Infant, by MILAGROS FUENTES, as Guardian, Petitioner, v. NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

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

September 29, 2006.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge respondents' determination following a fair hearing that denied a request for approval to purchase a Permobil C500 standing power wheelchair for him. Contrary to petitioner's contention, respondents' determination that petitioner failed to establish the...

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