CLARENCE GAINES, AS THE EXECUTOR OF THE ESTATE OF JANIE GAINES, DECEASED, plf-res, v. THE CITY OF NEW YORK def, DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Claimant-ap

633. CLARENCE GAINES, AS THE EXECUTOR OF THE ESTATE OF JANIE GAINES, DECEASED, plf-res, v. THE CITY OF NEW YORK def, DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Claimant-ap — Zachary W. Carter, Corporation Counsel, New York (Michael Pastor of counsel), for ap — Jacoby & Meyers LLP, Newburgh (James W. Shuttleworth III of counsel), and Tamara L. Stack, New York, for res — Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered August 22, 2014, which denied claimant's cross motion to, among other things, amend a prior order, same court (Edgar G. Walker, J.), entered August 17, 2010, unanimously affirmed, without costs.

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633. CLARENCE GAINES, AS THE EXECUTOR OF THE ESTATE OF JANIE GAINES, DECEASED, plf-res, v. THE CITY OF NEW YORK def, DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Claimant-ap — Zachary W. Carter, Corporation Counsel, New York (Michael Pastor of counsel), for ap — Jacoby & Meyers LLP, Newburgh (James W. Shuttleworth III of counsel), and Tamara L. Stack, New York, for res — Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered August 22, 2014, which denied claimant’s cross motion to, among other things, amend a prior order, same court (Edgar G. Walker, J.), entered August 17, 2010, unanimously affirmed, without costs.

Prior to the death of plaintiff’s daughter (decedent), decedent had entered into a settlement with defendants Metropolitan Transportation Authority (MTA) and Evercare Home Health Care Services Inc., resolving a personal injury action. Upon entering into the settlement, decedent, who was receiving supplemental security income, Medicare and Medicaid due to several preexisting conditions, petitioned the court to approve and authorize the creation of a supplemental needs trust (SNT) (see 42 USC §1396p[c][2][B][iv], [d] [4][A]; Social Services Law §366[2][b] [2][iii][A]), into which the settlement proceeds would be transferred. By order entered August 17, 2010, the petition was granted. On or about September 23, 2010, the MTA sent its portion of the settlement to decedent’s counsel, who placed the funds in escrow pending completion of the documents creating and funding the SNT. On November 8, 2010, before she had the opportunity to formally execute the trust documents, decedent died. Thereafter, claimant, which was to be the remainderman of the SNT, moved for, among other things, the principal and interest that remains in the SNT.

CLARENCE GAINES, AS THE EXECUTOR OF THE ESTATE OF JANIE GAINES, DECEASED, plf-res, v. THE CITY OF NEW YORK def, DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Claimant-ap

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