NEW YORK (AP) — A New York appeals court says a model can sue a state agency for using a stock photo of her in an AIDS campaign.

The panel ruled Tuesday that April Nolan, who doesn't have the virus, has every right to pursue her $1.5 million claim against the Division of Human Rights because HIV is still considered "loathsome" by a segment of society.

The agency used Nolan's face in 2013 ads promoting the rights of HIV-positive New Yorkers along with the words "I am positive."

A court of claims ruled in 2015 the suit could proceed but the agency appealed, arguing that HIV was no longer a shameful condition.

The state Attorney General's office didn't respond to messages seeking comment.

The New York Post said Nolan declined to discuss the lawsuit.

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Information from: New York Post, http://www.nypost.com