Opinion
April 24, 1992
Appeal from the Niagara County Surrogate's Court, DiFlorio, S.
Present — Callahan, J.P., Boomer, Pine, Lawton and Fallon, JJ.
Order unanimously affirmed with costs. Memorandum: In this action to compel specific performance of a trust agreement, we agree with the Surrogate's finding that claimant did not meet his burden of proving his performance of the agreement. Further, by failing to refer to that issue in his appellant's brief, claimant has waived its review (see, Hodge v LoRusso 181 A.D.2d 1009).