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LINK v. TOWN OF SMITHTOWN

175 Misc.2d 238 (1997)

670 N.Y.S.2d 692

In the Matter of James H. Link, as Conservator of the Property of Patricia Gibson, a Conservatee, Plaintiff, v. Town of Smithtown, Defendant, and Suffolk County Department of Social Services, Petitioner.

Supreme Court, Suffolk County.

December 26, 1997

Attorney(s) appearing for the Case

Hoberman & Sussman, P. C., Brooklyn, for conservator. Black & Black, Commack (Bronwyn Black of counsel), for conservatee. Alio, Leahy & Dent, Melville, for defendant. Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Paul G. Costello of counsel), for petitioner. Robert, Lerner & Robert, Rockville, amicus curiae.

H. PATRICK LEIS III, J.

The instant matter was remitted to this court by the Court of Appeals. The issue to be determined is whether the entire amount of a personal injury settlement obtained by a Medicaid recipient from a third-party tortfeasor or only the portion attributable to past medical expenses is available to satisfy a lien filed by the Department of Social Services to recoup medical expenses paid...

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