Opinion
December 14, 1984
Appeal from the Onondaga County Surrogate's Court, Reagan, S.
Present — Doerr, J.P., Denman, Boomer, O'Donnell and Schnepp, JJ. [ 122 Misc.2d 908.]
Order unanimously affirmed, with costs. Memorandum: The Onondaga County Commissioner of Social Services contends that the preferred creditor status granted by subdivision 1 of section 104 Soc. Serv. of the Social Services Law and SCPA 1811 (subd 2, par [a]) mandates that the county's lien filed against the deceased debtor's estate is superior to the respondent Crouse-Irving Hospital's judgments, which were docketed during decedent's lifetime. We disagree. Subdivision 1 of section 104 Soc. Serv. of the Social Services Law grants to the Social Service agency a preference over the "general creditors" of a recipient of public assistance ( Matter of Warren, 53 N.Y.2d 118, 122) but that preference is subservient to a creditor with a prior specific lien ( Matter of Lambert, 87 A.D.2d 818). We conclude that the respondent's docketed judgments constitute prior specific liens.