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Leddick v. DLP Tavern Corp

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1997
235 A.D.2d 460 (N.Y. App. Div. 1997)

Opinion

January 21, 1997.

In an action to recover damages for personal injuries, the Suffolk County Department of Social Services appeals, as limited by its brief, from so much of a resettled order of the Supreme Court, Suffolk County (Underwood, J.), entered November 16, 1995, as granted the plaintiffs application to establish a supplemental needs trust with certain settlement proceeds before satisfying a Medicaid lien.

Before: Rosenblatt, J. P., Sullivan, Altman and Goldstein, JJ.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly held that the satisfaction of a pre-existing Medicaid lien is not a precondition to the funding of a supplemental needs trust which conforms to Social Services Law § 366 (2) (b) (2) (iii) ( see, Cricchio v Pennisi, 220 AD2d 100, lv granted 88 NY2d 813; Link v Town of Smithtown, 226 AD2d 351, lv granted 88 NY2d 813; Rosado v Perez, 232 AD2d 468).


Summaries of

Leddick v. DLP Tavern Corp

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1997
235 A.D.2d 460 (N.Y. App. Div. 1997)
Case details for

Leddick v. DLP Tavern Corp

Case Details

Full title:GEORGE LEDDICK, Respondent, v. DLP TAVERN CORP., Defendant, and SUFFOLK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 21, 1997

Citations

235 A.D.2d 460 (N.Y. App. Div. 1997)
652 N.Y.S.2d 1002