Appellate Division of the Supreme Court of New York, 2002

Palazzo v. Talebian

Palazzo v. Talebian
Appellate Division of the Supreme Court of New York · Decided June 10, 2002
295 A.D.2d 416; 743 N.Y.S.2d 312; 2002 N.Y. App. Div. LEXIS 5947
Palazzo v. Talebian

Opinion of the Court

—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Rossetti, J.), entered November 8, 2000, which granted the motion of the nonparty, Nassau County Department of Social Services, for a determination that its lien was valid, and directed payment of the lien.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the plaintiffs failed to provide any support for their claim that the Medicaid lien erroneously included educational related expenses. Accordingly, the Supreme Court correctly concluded that the lien of the Nassau County Department of Social Services for medical expenditures on behalf of the infant plaintiff was valid. Smith, J.P., O’Brien, McGinity and Townes, JJ., concur.

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