Pang v. Maimonides Medical Center-Maimonides Hospital

In a medical malpractice action, the New York City Department of Social Services (hereinafter the department) *642appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Levine, J.), dated August 12, 1985, as, after a hearing, vacated, the department’s lien upon the proceeds of the infant plaintiffs settlement with the defendants.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The record reveals that, consistent with our prior decision in this case (105 AD2d 775), a hearing was held by the trial court to determine…