Patricia Cricchio, Individually and as Guardian ad Litem of Christopher Cricchio, Respondent,
v.
Joseph A. Pennisi et al., Defendants, and Michael Dowling, as Commissioner of the New York State Department of Social Services, et al., Appellants.
James H. Link, as Conservator of the Property of Patricia Gibson, Respondent,
v.
Town of Smithtown, Defendant, and Suffolk County Department of Social Services, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 5, 1997
Decided March 25, 1997.
Attorney(s) appearing for the Case
Dennis C. Vacco, Attorney-General, New York City (Richard T. Mathieu, Barbara Gott Billet, Peter H. Schiff and Robert A. Forte of counsel), for Michael Dowling, appellant in the first above-entitled action.
Paul A. Crotty, Corporation Counsel of New York City (Mordecai Newman and Larry A. Sonnenshein of counsel), for Marva Hammons, appellant in the first above-entitled action.
Robert, Lerner & Robert, Rockville Centre (Charles R. Robert and Joan Lensky Robert of counsel), for respondent in the first above-entitled action.
Pegalis & Wachsman, P. C., Great Neck (Steven E. Pegalis and James B. Baydar of counsel), for New York State Trial Lawyers Association, amicus curiae in the first above-entitled action.
David Goldfarb, New York City, and Joseph Rosenberg for Association of the Bar of the City of New York, amicus curiae in the first above-entitled action.
Sonia Crannage, Pomona, for NYSARC, Inc., and others, amici curiae in the first above-entitled action..
M. Catherine Richardson, Robert Abrams, Shana Siegel, Nancy Levitin, Robert Freedman and Vincent Russo, Albany, for New York State Bar Association, amicus curiae in the first above-entitled action.
Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Paul G. Costello of counsel), for appellant in the second above-entitled action.
Black & Black, Commack (Bronwyn M. Black of counsel), for respondent in the second above-entitled action.
Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.
Court of Appeals of the State of New York.
TITONE, J.
We are asked on these appeals to determine whether a Medicaid lien placed pursuant to Social Services Law § 104-b on the proceeds of a personal injury settlement must be satisfied before those funds may be transferred to a "supplemental needs trust" that complies with EPTL 7-1.12. Applying both Federal and State Medicaid statutes, we conclude that the Department of Social Services (DSS) is entitled...
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