Opinion
198 CA 20-00701
04-30-2021
Audrey E. SILLS, as Executor of the Estate of Angeline V. Sills, Deceased, Plaintiff-Respondent, v. Joan ROYSTON, Defendant-Appellant. In the Matter of Audrey E. Sills, as Executor of the Estate of Angeline V. Sills, Deceased, Petitioner-Respondent, v. Fleet National Bank, et al., Respondents, Joan Royston and Kirk Richardson, Respondents-Appellants.
LAW OFFICE OF RONALD R. BENJAMIN, BINGHAMTON (RONALD R. BENJAMIN OF COUNSEL), FOR DEFENDANT-APPELLANT AND RESPONDENTS-APPELLANTS. LAW OFFICE OF PAUL ARGENTIERI, HORNELL (PAUL A. ARGENTIERI OF COUNSEL), FOR PLAINTIFF-RESPONDENT AND PETITIONER-RESPONDENT.
LAW OFFICE OF RONALD R. BENJAMIN, BINGHAMTON (RONALD R. BENJAMIN OF COUNSEL), FOR DEFENDANT-APPELLANT AND RESPONDENTS-APPELLANTS.
LAW OFFICE OF PAUL ARGENTIERI, HORNELL (PAUL A. ARGENTIERI OF COUNSEL), FOR PLAINTIFF-RESPONDENT AND PETITIONER-RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
Memorandum: We affirm for reasons stated in the decision at Supreme Court. We write only to note that the contentions of defendant-respondent Joan Royston and respondent Kirk Richardson questioning whether all the material terms for a contract or an intent to be bound were established are raised for the first time on appeal and thus are not properly before us (see Ciesinski v. Town of Aurora , 202 A.D.2d 984, 985, 609 N.Y.S.2d 745 [4th Dept. 1994] ).