GAINES v. CITY OF NEW YORK

No. 87 SSM 8.

29 N.Y.3d 1003 (2017)

76 N.E.3d 289

53 N.Y.S.3d 878

2017 NY Slip Op 04324

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.

Court of Appeals of New York.

Decided June 1, 2017.


Attorney(s) appearing for the Case

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.

Concur: Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and WILSON.


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 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...

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