Gaines v City of New York, 29 NY3d 1003 (2017)

2017 NY Slip Op 04324 [29 NY3d 1003]
June 1, 2017
Court of Appeals

[*1]

Clarence Gaines, as Executor of Janie Gaines, Deceased, Respondent,
v
City of New York et al., Defendants. Department of Social Services of the City of New York, Claimant-Appellant.

Decided June 1, 2017

Gaines v City of New York, 137 AD3d 673, affirmed.

{**29 NY3d at 1004} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. Under the circumstances of this case, a valid supplemental{**29 NY3d at 1005} needs trust was never effected. Claimant did not argue before Supreme Court that the trust was not a lifetime trust governed by EPTL 7-1.17 and 7-1.18. That argument is, therefore, unpreserved for our review.

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson.