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Samerson v. Mather Memorial Hospital et al

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1997
235 A.D.2d 413 (N.Y. App. Div. 1997)

Opinion

January 13, 1997.

In an action to recover damages for medical malpractice, etc., the Suffolk County Department of Social Services appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), dated September 15, 1995, as granted the plaintiffs application to establish a supplemental needs trust with settlement proceeds before satisfying a Medicaid lien.

Before: Ritter, J. P., Pizzuto, Santucci and Friedmann, 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).


Summaries of

Samerson v. Mather Memorial Hospital et al

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1997
235 A.D.2d 413 (N.Y. App. Div. 1997)
Case details for

Samerson v. Mather Memorial Hospital et al

Case Details

Full title:ARVIL SAMERSON et al., Respondents, v. MATHER MEMORIAL HOSPITAL et al.…

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

Date published: Jan 13, 1997

Citations

235 A.D.2d 413 (N.Y. App. Div. 1997)
652 N.Y.S.2d 103

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