MATTER OF BISSELL v. TOWN OF AMHERST

1371 CA 10-00580.

79 A.D.3d 1638 (2010)

914 N.Y.S.2d 832

In the Matter of PETER E. BISSELL, Respondent, v. TOWN OF AMHERST et al., Respondents, and NEW YORK STATE INSURANCE FUND, Appellant.

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

Decided December 30, 2010.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying those parts of the petition seeking to extinguish a lien asserted by respondent New York State Insurance Fund against the proceeds that petitioner obtained in a third-party action and seeking to recover from that respondent its share of litigation costs related to future medical payments and as modified the judgment is affirmed without costs, and the matter is remitted to...

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