Acevedo v. Rojas

—In an. action to recover damages for wrongful death, the Commissioner of Social Services of the City of New York appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated April 5, 1995, which granted the plaintiffs motion to vacate the appellant’s claim to recover certain public assistance payments from the plaintiffs share of the proceeds of a settlement in the action.

Ordered that the order is affirmed, with costs.

It is undisputed that the decedent, Francisco Acevedo, received public assistance from the New York City Department of Social Services (hereinafter the DSS)…