McClenahan v. Farber

In an action to recover damages for medical malpractice, etc., the Department of Social Services of the City of New York appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Levine, J.), dated November 26, 1996, as denied its motion to determine the extent of its lien upon the proceeds of a settlement pursuant to Social Services Law § 104-b, and granted the plaintiffs’ cross motion to vacate the lien.

Ordered that the order is reversed insofar as appealed from, with costs, the motion is granted, the cross motion is denied, and the matter is remitted to…