Rosado v. Perez

Appellate Division of the Supreme Court of New York

Rosado v. Perez

232 A.D.2d 468, 648 N.Y.S.2d 938, 1996 N.Y. App. Div. LEXIS 10223

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

DecidedOctober 15, 1996

StatusPublished

Cited by2 cases

This text of 232 A.D.2d 468 (Rosado v. Perez) 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

Rosado v. Perez, 232 A.D.2d 468, 648 N.Y.S.2d 938, 1996 N.Y. App. Div. LEXIS 10223 (N.Y. Ct. App. 1996).

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Opinion

—In an action to recover damages for personal injuries, the Suffolk County Department of Social Services appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), entered October 12, 1995, which granted the plaintiff’s motion to establish a supplemental needs trust with the settlement proceeds of the action before satisfying a pre-existing Medicaid lien.

Ordered that the order is affirmed, 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; Link v Town of Smithtown, 226 AD2d 351). Rosenblatt, J. P., Miller, Ritter and Florio, JJ., concur.

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—In an action to recover damages for personal injuries, the Suffolk County Department of Social Services appeals from an order of the Supreme Court, Suffolk County (Doyle, J.), entered October 12, 1995, which granted the plaintiff’s motion to establish a supplemental needs trust with the settlement proceeds of the action before satisfying a pre-existing Medicaid lien.

Ordered that the order is affirmed, 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; Link v Town of Smithtown, 226 AD2d 351). Rosenblatt, J. P., Miller, Ritter and Florio, JJ., concur.

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Bluebook (online)

232 A.D.2d 468, 648 N.Y.S.2d 938, 1996 N.Y. App. Div. LEXIS 10223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosado-v-perez-nyappdiv-1996.

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