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CARPENTER v. SALTONE CORP.

276 A.D.2d 202 (2000)

716 N.Y.S.2d 86

CHRISTINA CARPENTER and Another, Infants, by KEVIN McALLISTER, as their Natural Guardian, et al., Respondents, v. SALTONE CORPORATION et al., Defendants. WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES, Non-party Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 13, 2000.

Attorney(s) appearing for the Case

Alan D. Scheinkman, County Attorney, White Plains (Stacey Dolgin-Kmetz and Deborah A. Porder of counsel), for nonparty appellant.

Schneider, Kleinick, Weitz, Damashek & Shoot, New York City (Brian J. Shoot and Diane Welch Bando of counsel), for respondents.

O'BRIEN, THOMPSON and FLORIO, JJ., concur.

OPINION OF THE COURT

BRACKEN, J. P.

The proceeds of a settlement of a personal injury action obtained on behalf of an infant are subject to statutory Medicaid liens, at least to the extent that such proceeds represent a compromise of the infant's claim for medical expenses (see, Baker v Sterling, 39 N.Y.2d 397). The argument may well be made that, in light of changes in the statutory law since the time of the decision...

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