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ARVIL SAMERSON et al., Respondents, v. MATHER MEMORIAL HOSPITAL et al., Defendants. SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, Nonparty Appellant.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly held that the satisfaction of a pre-existing Medicaid lien is not a precondition to the funding of a supplemental needs trust which conforms to Social Services Law § 366 (2) (b) (2) (iii) ( see, Cricchio v Pennisi, 220 AD2d 100, lv granted 88 NY2d 813; Link v Town of Smithtown, 226 AD2d 351, lv granted 88 NY2d 813).

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SAMERSON v. MATHER MEMORIAL HOSPITAL et al
(Jan 13, 1997)