JAMES v. CITY OF OLEAN


309 A.D.2d 1244 (2003)

765 N.Y.S.2d 88

DEBORAH A. JAMES, Individually and as Parent and Natural Guardian of BELINDA K. JAMES, an Infant, Respondent, v. CITY OF OLEAN, Defendant. CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL SERVICES, Appellant.

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

Decided October 2, 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 $50,000 personal injury settlement between plaintiff and defendant. We agree with DSS that Supreme Court...

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