Sorrentino v. Novello

—CPLR article 78 proceeding transferred to this Court by an order of Supreme Court, Erie County (Cosgrove, J.), entered December 20, 2001, to review a determination of respondent after a fair hearing.

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 is a 39-year-old man diagnosed with limb-girdle muscular dystrophy. Respondent denied petitioner’s request for the purchase of an LCM Standing Power Wheelchair based upon a lack of medical justification. At the fair hearing…