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LYKE v. IRA DAVENPORT MEM'L HOSP.

222 A.D.2d 1049 (1995)

635 N.Y.S.2d 865

Gordon B. Lyke, Individually and as Parent and Natural Guardian of Sarah Lyke, Respondent, v. Ira Davenport Memorial Hospital et al., Respondents, and Wayne County Department of Social Services, Proposed Intervenor-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 22, 1995

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted plaintiff's motion to vacate the lien filed by lienor-proposed intervenor, Wayne County Department of Social Services (DSS), and properly denied the cross motion of DSS. The court's finding that no portion of the infant's settlement award was for past medical expenses (see, Baker v Sterling, 39 N.Y.2d 397; Sizemore v Heavy...

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