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CALVANESE v. CALVANESE

93 N.Y.2d 111 (1999)

710 N.E.2d 1079

688 N.Y.S.2d 479

ROBIN K. CALVANESE, Appellant, v. ANTHONY J. CALVANESE et al., Defendants. COUNTY OF WESTCHESTER, Nonparty Respondent. In the Matter of FRANCES CALLAHAN. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent; PATRICIA CALLAHAN, Appellant.

Court of Appeals of the State of New York.

Decided April 6, 1999.

Attorney(s) appearing for the Case

Robert Kruger, New York City, for appellant in the first above-entitled action.

Alan D. Scheinkman, County Attorney of Westchester County, White Plains (Stacey Dolgin-Kmetz and Lea L. Bahl of counsel), for nonparty respondent in the first above-entitled action.

Eliot Spitzer, Attorney-General, Albany (Barbara G. Billet, Peter H. Schiff, Victor Paladino and Kathleen M. Treasure of counsel), for New York State Department of Health, amicus curiae in the first above-entitled action.

Robert, Lerner & Robert, Rockville Centre (Charles Robert and Joan Lensky Robert of counsel), for appellant in the second above-entitled proceeding.

Robert J. Cimino, County Attorney of Suffolk County, Hauppauge (Paul G. Costello of counsel), for respondent in the second above-entitled proceeding.

Burchetta, Brofman & Hanley, Pomona (Sonia Crannage of counsel), for NYSARC, Inc., amicus curiae in the second above-entitled proceeding.

Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur; Judge ROSENBLATT taking no part.

OPINION OF THE COURT

Chief Judge KAYE.

In Cricchio v Pennisi (90 N.Y.2d 296), this Court held that the Department of Social Services is entitled to satisfy a Medicaid lien placed on the proceeds of a personal injury settlement pursuant to Social Services Law § 104-b before a plaintiff may transfer those funds to a supplemental needs trust.* The appeals

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