
    [76 NE3d 289, 53 NYS3d 878]
    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
    
      APPEARANCES OF COUNSEL
    
      Zachary W. Carter, Corporation Counsel, New York City {Eric Lee, Richard Bearing, 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.
   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 argument is, therefore, unpreserved for our review.

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