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VENO v. SALEH, M.D.

306 A.D.2d 876 (2003)

760 N.Y.S.2d 913

ROBERT J. VENO, as Father and Natural Guardian of JOSEPH VENO, an Infant, Respondent, v. WALEED A. SALEH, M.D., Defendant. CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant.

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

Decided June 13, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the original lien is reinstated.

Memorandum:

The Cattaraugus County Department of Social Services (DSS) appeals from an order reducing its medical assistance lien on the proceeds of a medical malpractice settlement between plaintiff and defendant doctor. Plaintiff commenced a medical malpractice action against defendant on

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