GAINES v. CITY OF NEW YORK

9567, 14471/03.

104 A.D.3d 610 (2013)

961 N.Y.S.2d 771

2013 NY Slip Op 2142

JANIE GAINES, Respondent, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

March 28, 2013.


Order, Supreme Court, Bronx County (Howard Sherman, J.) entered October 20, 2011, which denied a motion by nonparty the New York City Department of Social Services for an order amending a prior order (same court, Edgar G. Walker, J.), entered August 17, 2010, authorizing the creation of a supplemental needs trust, unanimously reversed, on the law, without costs, and the latter order vacated.

Plaintiff died eight months before the instant motion was made. "The death...

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