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JAMES H. LINK, Respondent, v. TOWN OF SMITHTOWN, Defendant, and SUFFOLK COUNTY DEPARTMENT OF SOCIAL SERVICES, 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 A.D.2d 110 [decided herewith]). Bracken, J.P., Sullivan, Santucci and Krausman, JJ., concur. [ See, 162 Misc.2d 530, 587.]

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LINK v. TOWN OF SMITHTOWN
(Apr 1, 1996)