| Sills v Royston |
| 2021 NY Slip Op 02635 [193 AD3d 1342] |
| April 30, 2021 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Audrey E. Sills, as Executor of the Estate of Angeline V. Sills,
Deceased, Respondent, v Joan Royston, Appellant. In the Matter of Audrey E. Sills, as Executor of the Estate of Angeline V. Sills, Deceased, Respondent, v Fleet National Bank et al., Respondents, and Joan Royston et al., Appellants. |
Law Office of Ronald R. Benjamin, Binghamton (Ronald R. Benjamin of counsel), for defendant-appellant and respondents-appellants.
Law Office of Paul Argentieri, Hornell (Paul A. Argentieri of counsel), for plaintiff-respondent and petitioner-respondent.
Appeal from an order of the Supreme Court, Steuben County (Patrick F. McAllister, A.J.), entered January 24, 2020. The order, insofar as appealed from, granted the motion of plaintiff-petitioner to enforce a settlement agreement and directed defendant-respondent Joan Royston to pay $300,000 to the estate of Angeline V. Sills.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: We affirm for reasons stated in the decision at Supreme Court. We write only to note that the contentions of defendant-respondent Joan Royston and respondent Kirk Richardson questioning whether all the material terms for a contract or an intent to be bound were established are raised for the first time on appeal and thus are not properly before us (see Ciesinski v Town of Aurora, 202 AD2d 984, 985 [4th Dept 1994]). Present—Whalen, P.J., Centra, Peradotto, Lindley and Troutman, JJ.