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CRICCHIO v. PENNISI

220 A.D.2d 100 (1996)

640 N.Y.S.2d 573

Patricia Cricchio, Individually and as Guardian ad Litem of Christopher Cricchio, Respondent, v. Joseph A. Pennisi et al., Defendants, and Michael Dowling, as Social Services Commissioner of The State of New York, et al., Appellants

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

April 1, 1996

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Larry A. Sonnenshein and Mordecai Newman of counsel), for Commissioner of the New York City Department of Social Services, appellant.

Dennis C. Vacco, Attorney-General, New York City (Richard T. Mathieu and Judy E. Nathan of counsel), for Commissioner of the New York State Department of Social Services, appellant.

Robert, Lerner & Robert, Rockville Centre (Charles Robert and Joan Lensky Robert of counsel), for respondent.

ROSENBLATT, SULLIVAN and HART, JJ., concur.

BRACKEN, J. P.

The appellants paid, or caused to be paid, $27,970.60 in medical benefits to, or on behalf of, the plaintiff Christopher Cricchio. This sum was paid prior to the formation of any "supplemental needs trust" of which this plaintiff is, or is to become, the beneficiary. The question is whether the appellants are or were entitled to the satisfaction of...

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