Opinion
06-01-2017
Clarence GAINES, as the Executor of the Estate of Janie Gaines, Deceased, Respondent, v. CITY OF NEW YORK, et al., Defendants, Department of Social Services of the City of New York, Appellant.
Zachary W. Carter, Corporation Counsel, New York City (Eric Lee, Richard Dearing, Claude S. Platton and Michael J. Pastor of counsel), for appellant. Law Offices of Stack & Associates, PLLC, New York City (Tamara L. Stack of counsel), and Finkelstein & Partners, LLP, Newburgh (James W. Shuttleworth, III of counsel), for respondent.
Zachary W. Carter, Corporation Counsel, New York City (Eric Lee, Richard Dearing, Claude S. Platton and Michael J. Pastor of counsel), for appellant.
Law Offices of Stack & Associates, PLLC, New York City (Tamara L. Stack of counsel), and Finkelstein & Partners, LLP, Newburgh (James W. Shuttleworth, III of counsel), for respondent.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question answered in the affirmative. Under the circumstances of this case, a valid supplemental needs trust was never effected. Claimants did not argue before Supreme Court that the trust was not a lifetime trust governed by EPTL 7–1.17 and EPTL 7–1.18. That argument is, therefore, unpreserved for our review.
Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and WILSON concur.