Layer v. Novello

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial *1124Department by order of the Supreme Court, Erie County [Eugene M. Fahey, J.], entered December 2, 2004) to review a determination of respondent. The determination denied petitioner’s request for approval to purchase a prescribed EasyStand 5000 Stander.

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 commenced this CPLR article 78 proceeding to challenge the…