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After almost 10 years of smoking, Graham McCarty decided it was time to quit after watching a TV commercial urging New Yorkers to kick the habit.

"I thought this is a free way for me to quit smoking or I'd at least get some help," said McCarty.

That was the impression McCarty got from the commercial, which convinced him to call 311.

"They said it would be that I would receive the patches or the gum or both within three weeks after I was asked a series of questions. And then four weeks went by and I received the letter," said McCarty.

The letter from the Department of Health and Mental Hygiene gave McCarty some disappointing news, saying, "Based on your answers to some important medical questions, we found that you are not eligible to receive the nicotine replacement therapy offered through this program."

It was a jarring development for McCarty after he had already made the important first step of deciding to quit.

"If you're turned down right after the first step, it's hard to take that second step," said McCarty.

"NY1 For You" called the Department of Health and Acting Assistant Commissioner Elizabeth Kilgore told us that over 28,000 New Yorkers called for the patches and gum and the vast majority received them.

"If someone has had a recent heart attack. If someone has untreated high blood pressure. Those are the kinds of health conditions where people are not eligible for the patches," said Kilgore.

According to McCarty, he doesn't suffer from any of the above. DOH did not want to speak about his case specifically due to privacy concerns, however Kilgore called McCarty to offer help in finding him a healthy way to quit smoking.

Although the city's Nicotine Patch and Gum Program concluded on May 7th, you can still call 311 to find a quit smoking program near you.