Link v. Town of Smithtown

Appellate Division of the Supreme Court of New York

Link v. Town of Smithtown

226 A.D.2d 351, 640 N.Y.S.2d 768, 1996 N.Y. App. Div. LEXIS 3356

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

DecidedApril 1, 1996

StatusPublished

Cited by5 cases

This text of 226 A.D.2d 351 (Link v. Town of Smithtown) 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

Link v. Town of Smithtown, 226 A.D.2d 351, 640 N.Y.S.2d 768, 1996 N.Y. App. Div. LEXIS 3356 (N.Y. Ct. App. 1996).

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 an order of the Supreme Court, Suffolk County (Rossetti, J.), dated November 17, 1994, as, upon reargument, adhered to its original determination contained in an order and judgment (one paper) entered September 2, 1994, granting the plaintiff’s application to establish a supplemental needs trust with the 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 110 [decided herewith]). Bracken, J. P., Sullivan, Santucci and Krausman, JJ., concur. [See, 162 Misc 2d 530, 587.]

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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 an order of the Supreme Court, Suffolk County (Rossetti, J.), dated November 17, 1994, as, upon reargument, adhered to its original determination contained in an order and judgment (one paper) entered September 2, 1994, granting the plaintiff’s application to establish a supplemental needs trust with the 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 110 [decided herewith]). Bracken, J. P., Sullivan, Santucci and Krausman, JJ., concur. [See, 162 Misc 2d 530, 587.]

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Bluebook (online)

226 A.D.2d 351, 640 N.Y.S.2d 768, 1996 N.Y. App. Div. LEXIS 3356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/link-v-town-of-smithtown-nyappdiv-1996.

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