2 No. 37
   In the Matter of Lily Atkinson,
   Respondent,
   v.
   City of New York,
   Appellant.
     _________________________________________________________________

   2001 NY Int. 32

   March 27, 2001

   This memorandum is uncorrected and subject to revision before
   publication in the New York Reports.

   Linda H. Young, for appellant.
   David Godosky, for respondent.
     _________________________________________________________________
     _________________________________________________________________

   MEMORANDUM:

   The order of the Appellate Division should be affirmed, with costs.

   Petitioner Lily Atkinson received a rubella vaccination as part of her
   employment as a health care worker for the City of New York. As a
   result of a reaction to the vaccine, petitioner developed chronic
   arthritis. The New York State Workers' Compensation Board awarded her
   compensation at a temporary rate of $100 per week. Petitioner also
   filed a claim for compensation pursuant to the National Vaccine Injury
   Program ("Vaccine Act") (see, 42 USC § 300aa-1 et seq.). When
   awarding Atkinson the money, the Federal Court of Claims stated that
   the award included only sums "not compensated" by her workers'
   compensation program.

   The City of New York filed a workers' compensation lien against
   petitioner's Vaccine Act recovery (see, Workers' Compensation Law
   29(1)). Petitioner sent a notice of rejection of the lien, arguing
   that the Vaccine Act judgment was not subject to lien because it had
   not been obtained from a responsible third party, and that the City's
   attempt to impose a lien on the award violated Federal law. Petitioner
   then commenced the present article 78 proceeding, seeking a judgment
   prohibiting the City from enforcing the lien. Supreme Court granted
   petitioner a judgment of prohibition, and the Appellate Division
   affirmed.