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MATTER OF BERNIER v. SHAH

910 TP 14-00128

120 A.D.3d 1572 (2014)

993 N.Y.S.2d 405

2014 NY Slip Op 06426

In the Matter of BRENDA BERNIER, Petitioner, v. NIRAV R. SHAH, Commissioner, New York State Department of Health, Respondent.

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

Decided September 26, 2014.

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

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to review respondent's determination made after a fair hearing denying her a modular wheelchair ramp. Respondent determined that the ramp did not meet the definition of durable medical equipment (DME) pursuant to 18 NYCRR 505.5 (a) (1). Contrary to petitioner's contention, respondent...

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