Chambers v. City of Ogdensburg

Mikoll, J. P.

Appeal from an order of the Supreme Court (Demarest, J.), entered February 15, 1996 in St. Lawrence County, which held that the State Insurance Fund was not entitled to a full lien upon the proceeds received by plaintiffs in settlement of their third-party action.

The State Insurance Fund (hereinafter the Fund) paid Timothy J. Cooke, a 12-year-old paperboy who was injured when struck by a police car while delivering papers on his bike, $14,000 for permanent facial scars pursuant to Workers’ Compensation Law § 15 (3) (t) (1). The issue on this appeal is whether Supreme Court erred…