MATTER OF SANTIAGO v. MELAMUD


182 Misc.2d 349 (1999)

698 N.Y.S.2d 449

In the Matter of ALBERTO SANTIAGO, an Infant, by His Mother, NANCY LANGUERRE, Plaintiff, v. EDWARD MELAMUD et al., Defendants.

Supreme Court, New York County.

October 14, 1999.


Attorney(s) appearing for the Case

Antonio Morales, New York City, for plaintiff.

Michael D. Hess, Corporation Counsel, for New York City Department of Social Services.


OPINION OF THE COURT

EDWARD H. LEHNER, J.

The questions raised on this motion by plaintiff to vacate a Medicaid lien placed by the Department of Social Services of the City of New York (DSS) against the settlement proceeds in this infant plaintiff's personal injury action are (i) whether DSS is entitled to place a lien on the settlement proceeds of the action, and (ii) if so, is the amount of the lien limited...

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