New York Supreme Court October 14, 1999 (Santiago v. Melamud)

OPINION OF THE COURT

Edward H. Lehner, J.

The questions raised on this motion by plaintiff to vacate a Medicaid lien placed by the Department of Social Services of the City of New York (DSS) against the settlement proceeds in this infant plaintiffs personal injury action are (i) whether DSS is entitled to place a lien on the settlement proceeds of *350the action, and (ii) if so, is the amount of