Legal Opinion

Cruz v. New York State Department of Health

Appellate Division of the Supreme Court of the State of New York

Decided September 29, 2006Published

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Erie County [John M. Curran, J.], entered March 16, 2006) to review a determination of respondents. The determination, after a fair hearing, denied petitioner’s request for approval to purchase a certain standing power wheelchair.

It is hereby ordered that the determination be and the same hereby is unanimously confirmed without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding to…

2Cases cited4 opinions

  1. 300 Gramatan Avenue Associates v. State Division of Human RightsNew York Court of Appeals · 1978
  2. Coffey v. D'EliaNew York Court of Appeals · 1983
  3. Sorrentino v. NovelloAppellate Division of the Supreme Court of the State of New York · 2002
  4. Layer v. NovelloAppellate Division of the Supreme Court of the State of New York · 2005

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