Opinion
May 4, 1998
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the cross appeal is dismissed as abandoned, without costs or disbursements; and it is further,
Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and that branch of the plaintiff's application which was to establish a supplemental needs trust with certain settlement proceeds before satisfying a Medicaid lien is denied.
A Medicaid lien placed pursuant to Social Services Law § 104-b on the proceeds of a personal injury settlement must be satisfied before the funds may be transferred to a supplemental needs trust that complies with EPTL 7-1.12 (see, Cricchio v. Pennisi, 90 N.Y.2d 296; Calvanese v. Calvanese, 250 A.D.2d 564 [decided herewith]).
Miller, J.P., Ritter, Pizzuto and Altman, JJ., concur.