Smith v. South Brookhaven Health Center

—In an action to recover damages for medical malpractice, etc., the Suffolk County Department of Social Services appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Suffolk County (Leis, J.), dated June 21, 1996, which, inter alia, granted the plaintiffs’ motion to vacate a lien in the amount of $27,502.25, imposed pursuant to Social Services Law § 104-b, against the proceeds of a settlement between the plaintiffs and the defendants.

Ordered that the order is modified by deleting therefrom the provision which granted the plaintiffs’ motion to vacate a lien *364i…