Gromalski v. County of Nassau

—In an action to recover damages for medical malpractice, the Suffolk County Department of Social Services appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), dated July 30, 1992, which granted the plaintiff’s motion to vacate its lien in the amount of $9,369.09, imposed pursuant to Social Services Law § 104-b, against the proceeds of a settlement between the plaintiff and the defendant.

Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a hearing and new determination of the motion in accordance herewith.

Based…