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MATTER OF KLINGER v. STATE

233 A.D.2d 924 (1996)

649 N.Y.S.2d 562

In the Matter of Kim M. Klinger, Respondent, v. State of New York, Respondent, and Delaware County Department of Social Services, Appellant. (Claim No. 78562.)

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

November 8, 1996

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The Court of Claims properly granted claimant's motion for approval of a proposed supplemental needs trust (see, Social Services Law § 366 [2] [b] [2] [iii] [A]; EPTL 7-1.12 [a] [2]) to be funded by the proceeds of a settlement with the State of New York on claimant's action for medical malpractice. The preexisting liens (see, Social...

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