Opinion
December 22, 1995
Appeal from the Supreme Court, Wayne County, Doyle, J.
Present — Pine, J.P., Fallon, Callahan, Davis and Boehm, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiff's motion to vacate the lien filed by lienor-proposed intervenor, Wayne County Department of Social Services (DSS), and properly denied the cross motion of DSS. The court's finding that no portion of the infant's settlement award was for past medical expenses (see, Baker v Sterling, 39 N.Y.2d 397; Sizemore v Heavy Transp., 199 A.D.2d 969) is supported by the record. There being no question that the settlement award did not include reimbursement for medical expenses, the court did not err in refusing to conduct a hearing or allow discovery on the issue (cf., Pang v Maimonides Med. Ctr.-Maimonides Hosp., 105 A.D.2d 775, 778). DSS erroneously contends that itemization of damages was required pursuant to CPLR 4213; that section applies only to damages awarded following a bench trial. The remaining contentions of DSS lack merit.