Lyke v. Ira Davenport Memorial Hospital

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiff’s motion to vacate the lien filed by lienor-proposed intervenor, Wayne County Department of Social Services (DSS), and properly denied the cross motion of DSS. The court’s finding that no portion of the infant’s settlement award was for past medical expenses (see, Baker v Sterling, 39 NY2d 397; Sizemore v Heavy Transp., 199 AD2d 969) is supported by the record. There being no question that the settlement award did not include reimbursement for medical expenses, the court did not err in refusing to…