Gabai v. Grinker

OPINION OF THE COURT

Phyllis B. Gangel-Jacob, J.

The petitioner (Mr. Gabai) brings this CPLR article 78 *360proceeding to vacate the administrative decision of the New York State and New York City Departments of Social Services which denied his claim for reimbursement of fees paid to a licensed acupuncturist.

Mr. Gabai, a Medicaid recipient, suffers from a variety of physical ailments which have confined him to a wheelchair and left him suffering severe pain. His physician recommended a licensed acupuncturist. Mr. Gabai claims that the acupuncture treatments which he received and paid for, relieved…