In re the Estate of Ramirez

*481OPINION OF THE COURT

Lee L. Holzman, J.

In this proceeding to compromise a wrongful death action and to discontinue a personal injury action emanating from an automobile accident, the administratrix relies upon Arkansas Dept. of Health and Human Servs. v Ahlborn (547 US —, 126 S Ct 1752 [2006]) in support of her summary judgment motion seeking to dismiss the objections of the Department of Social Services of the City of New York (DSS). DSS alleges that it is entitled to recover the Medicaid assistance it paid on behalf of the decedent from the portion of the settlement that should be allocated…