Opinion
September 30, 1997
Appeal from Supreme Court, Erie County, Flaherty, J.
Present — Pine, J.P., Lawton, Wisner, Callahan and Doerr, JJ.
Petitioner's infant is a 14-year-old boy who is completely wheelchair dependent and without the strength to propel a manual wheelchair because of cerebral palsy, spastic quadriplegia and other ailments. He lives with his 60-year-old grandparents, who have a history of back problems, in a mobile home that has been renovated to accommodate his needs. He has no personal care aides and is totally reliant upon his grandparents when not at school. Petitioner presented medical proof establishing that a specially adapted power wheelchair is needed to increase the independence and functional ability of petitioner's infant, especially in emergency situations, and to prevent the development of "learned helplessness". Because respondent did not offer any contrary proof, the determination that a customized power wheelchair is not medically necessary is not supported by substantial evidence (see, Social Services Law § 366-a; Matter of Gartz v. Wing, 236 A.D.2d 890; Matter of Dobson v. Perales, 175 A.D.2d 628). We therefore annul the determination and grant the petition.