Santiago v. Melamud

OPINION OF THE COURT

Edward H. Lehner, J.

The questions raised on this motion by plaintiff to vacate a Medicaid lien placed by the Department of Social Services of the City of New York (DSS) against the settlement proceeds in this infant plaintiffs personal injury action are (i) whether DSS is entitled to place a lien on the settlement proceeds of *350the action, and (ii) if so, is the amount of the lien limited to the portion of the settlement applicable to a recoupment of medical expenses.

This action was instituted to recover damages for personal injuries sustained by infant Alberto Santiago. At…