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MATTER OF PORTER v. ZUCKER

1405 TP 17-01011.

156 A.D.3d 1442 (2017)

65 N.Y.S.3d 829

2017 NY Slip Op 09026

In the Matter of PAUL PORTER, Petitioner, v. HOWARD A. ZUCKER, Commissioner, New York State Department of Health, Respondent.

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

Decided December 22, 2017.

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 challenge a determination, made after a fair hearing, that denied his request for preapproval to purchase an ultra lightweight, manual wheelchair as a backup while his primary, power wheelchair is unavailable for use. Contrary to petitioner's contention, respondent's determination...

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