Leddick v. DLP Tavern Corp.

Appellate Division of the Supreme Court of New York

Leddick v. DLP Tavern Corp.

235 A.D.2d 460, 652 N.Y.S.2d 1002, 1997 N.Y. App. Div. LEXIS 413

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 21, 1997

StatusPublished

This text of 235 A.D.2d 460 (Leddick v. DLP Tavern Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leddick v. DLP Tavern Corp., 235 A.D.2d 460, 652 N.Y.S.2d 1002, 1997 N.Y. App. Div. LEXIS 413 (N.Y. Ct. App. 1997).

Pincite

Opinion

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 plaintiff’s application to establish a supplemental needs trust with certain settlement proceeds before satisfying a Medicaid lien.

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, Iv granted 88 NY2d 813; Link v Town of Smithtown, 226 AD2d 351, lv granted 88 NY2d 813; Rosado v Perez, 232 AD2d 468). Rosenblatt, J. P., Sullivan, Altman and Goldstein, JJ., concur.

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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 plaintiff’s application to establish a supplemental needs trust with certain settlement proceeds before satisfying a Medicaid lien.

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, Iv granted 88 NY2d 813; Link v Town of Smithtown, 226 AD2d 351, lv granted 88 NY2d 813; Rosado v Perez, 232 AD2d 468). Rosenblatt, J. P., Sullivan, Altman and Goldstein, JJ., concur.

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Bluebook (online)

235 A.D.2d 460, 652 N.Y.S.2d 1002, 1997 N.Y. App. Div. LEXIS 413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leddick-v-dlp-tavern-corp-nyappdiv-1997.

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