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SANTIAGO v. CRAIGBRAND REALTY

268 A.D.2d 28 (2000)

706 N.Y.S.2d 87

KIMBERLY SANTIAGO et al., Respondents, v. CRAIGBRAND REALTY CORP. et al., Defendants. NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, Appellant.

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

March 28, 2000.

Attorney(s) appearing for the Case

Brian J. Farrell of counsel (Fitzgerald & Fitzgerald, P. C., attorneys), for respondents.

Mordecai Newman of counsel (Larry A. Sonnenshein on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellant.

SULLIVAN, P. J., NARDELLI and WALLACH, JJ., concur with FRIEDMAN, J.; MAZZARELLI, J., dissents in a separate opinion.

OPINION OF THE COURT

FRIEDMAN, J.

In Calvanese v Calvanese (93 N.Y.2d 111, cert denied sub nom. Callahan v Suffolk County Dept. of Social Servs., ___ US ___, 120 S.Ct. 323), the Court of Appeals held that a Medicaid lien filed pursuant to Social Services Law § 104-b may be satisfied out of the entire proceeds of a Medicaid recipient's personal injury settlement, not just that portion of the settlement...

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