Opinion
May 27, 1997
Appeal from the Supreme Court, Queens County (Kassoff, J.).
Ordered that the order and judgment is reversed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Queens County, for a hearing and a new determination in accordance herewith.
In Cricchio v. Pennisi ( 90 N.Y.2d 296), the Court of Appeals held that the portion of settlement proceeds that was intended to compensate the plaintiff for past medical expenses must be used to satisfy a Medicaid lien before the funds may be transferred to a supplemental needs trust that conforms with EPTL 7-1.12. Accordingly, the matter is remitted to the Supreme Court, Queens County, for a hearing to determine the portion of the recovery that was intended to compensate the plaintiff for past medical expenses, and whether the settlement was consciously structured to frustrate the Medicaid lien (see, Gromalski v. County of Nassau, 204 A.D.2d 391).
Rosenblatt, J.P., Thompson, Sullivan and Friedmann, JJ., concur.