Calenzo v. Shah

Proceeding pursuant to CPLR article 78 to review a determination of a designee of the Commissioner of the New York State Department of Health, dated May 19, 2011, which, after a hearing, affirmed a determination by the Suffolk County Department of Social Services to terminate the employment of the petitioner’s stepfather as his Personal Care Assistant under the Consumer Directed Personal Assistance program.

Adjudged that the petition is granted, without costs or disbursements, and the determination is annulled.

The petitioner, a developmentally disabled adult, receives personal care services —…