Opinion
May 9, 1994
Appeal from the Supreme Court, Nassau County (DiNoto, J.).
Ordered that the order is reversed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for a hearing and new determination of the motion in accordance herewith.
Based upon the record as it presently exists, it is not possible to determine whether any portion of the proposed settlement of the infant plaintiff's claim was intended to cover past reimbursed medical expenses, or if not, then whether or not the proposed settlement was consciously structured to frustrate the lien asserted by the appellant Suffolk County Department of Social Services. The matter is therefore remitted to the Supreme Court, Nassau County for a hearing on these issues (see, Pang v Maimonides Med. Ctr. — Maimonides Hosp., 127 A.D.2d 641). Bracken, J.P., Miller, Santucci, Copertino and Altman, JJ., concur.