New York Laws
Title 6 - Powers to Enforce Support
104-B - Liens for Public Assistance and Care on Claims and Suits for Personal Injuries.

(b) Notwithstanding any inconsistent provision of this section, the
social services official shall have the right to serve and file by
certified or registered mail, within five days after receipt of such
notice, excluding Saturdays, Sundays, and holidays, an amended notice of
lien to include the amount of public assistance and care furnished to
the recipient after the date such official served and filed the notice
of lien or the last previous amendment thereof.
(c) A person, firm, corporation or insurance carrier that fails to
give the notice required by paragraph (a) of this subdivision shall be
liable to the social services official to the same extent that it would
have been liable had such notice been given and the social services
official had filed the amended notice of lien provided for in paragraph
(b) of this subdivision.
6. Such lien may be enforced by action against those alleged to be
liable for such injuries, as aforesaid, by the local public welfare
official in any court of appropriate jurisdiction.
7. The aforesaid lien shall be valid and effective, when the notice
thereof and the statement are served and filed as aforesaid, and shall
continue until released and discharged by the local public welfare
official by an instrument in writing and filed in the said county
clerk's office, and no release, payment, discharge or satisfaction of
any such claim, demand, right of action, suit or counterclaim shall be
valid or effective against such lien.
8. The county clerk shall, at the expense of the county, provide a
suitable book with proper index, to be called the public welfare lien
docket, in which he shall enter the names of the public welfare official
and the recipient, the date and place of the accident and the name or
names of those alleged to be liable for such injuries, as aforesaid.
9. The provisions of this section to the contrary notwithstanding, the
lien herein created shall be subject and subordinate to the lien on the
amount recovered by verdict, report, decision, judgment, award or
decree, settlement or compromise, of any attorney or attorneys retained
by any such injured person to prosecute his claim for damages for
personal injuries, having or acquiring by virtue of such retainer a lien
on the cause of action of any such injured person, or on the verdict,
report, decision, judgment, decree made in, or any settlement or
compromise of, any such action or claim for damages for personal
injuries.
10. The provisions of this section to the contrary notwithstanding,
the lien herein created shall be subordinate to the lien of any hospital
claimed under and to the extent recognized by section one hundred
eighty-nine of the lien law, but only for treatment, care and
maintenance given, prior to or in excess of the public assistance and
care granted by the public welfare official.
11. The provisions of this section shall not be deemed to adversely
affect the right of a public welfare official who has taken an
assignment of the proceeds of any such right of action, suit, claim,
counterclaim or demand, to recover under such assignment the total
amount of assistance and care for which such assignment was made.
12. The provisions of this section to the contrary notwithstanding,
the lien herein created shall not apply with respect to any claim or
benefits payable to the recipients of any form of public assistance or
care, part of which is paid for by the government of the United States
or any agency thereof when, in the opinion of the commissioner, such
lien would jeopardize the continuation of such federal contribution.
13. The provisions of this section to the contrary notwithstanding,
the public welfare official may in his discretion release to the injured

person an amount not to exceed the cost of two years' maintenance from
the lien herein created.
14. Any inconsistent provision of this chapter or of any other law
notwithstanding, a social services official may not assert any claim
under any provision of this chapter to recover payments of public
assistance if such payments were reimbursed by child support
collections.
This section shall not apply to any claim or award which is or may be
allowed pursuant to the provisions of the workers' compensation law or
the volunteer firefighters' benefit law.