IN THE MATTER OF RAPPAPORT


21 Misc.3d 919 (2008)

866 N.Y.S.2d 483

In the Matter of IRWIN RAPPAPORT for Construction and Reformation of the Last Will and Testament of ROSE RAPPAPORT, Deceased.

Surrogate's Court, Nassau County.

September 29, 2008.


Attorney(s) appearing for the Case

Philip M. Bernstein, Garden City, for petitioner.

Libow & Shaheen, LLP, Boca Raton, Florida (Allen H. Libow of counsel), for Karen Brecher.

Andrew M. Cuomo, Attorney General, Albany (Debra S. Finelli of counsel), for New York State Department of Health, respondent.

Murphy, Bartol & O'Brien, LLP, Mineola (Ernest T. Bartol of counsel), guardian ad litem.


OPINION OF THE COURT

JOHN B. RIORDAN, J.

This is a proceeding to construe and reform the last will and testament of Rose Rappaport. Rose died on August 31, 2006 survived by four adult children: Irwin Rappaport, who is the petitioner herein, Karen Brecher, Joel Rappaport and Susan Rappaport, who is disabled. The will was admitted to probate by decree dated March 7, 2007, and Irwin, Joel and Karen were appointed as the coexecutors of the estate. Joel died...

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