LINK v. TOWN OF SMITHTOWN

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.]