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MATTER OF FIUMARA

61 A.D.2d 842 (1978)

In the Matter of The Estate of Bernard Fiumara, Deceased. Bernard P. Fiumara, Appellant; Joseph Alesio et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 27, 1978

Appeal from the order dismissed (see Matter of Aho, 39 N.Y.2d 241, 248). Decree affirmed. Respondents are awarded one bill of costs to cover both appeals payable by appellant. No opinion.

Suozzi, J., concurs as to the dismissal of the appeal from the order, but otherwise dissents and votes to reverse the decree and grant a new trial as to the issue of lack of testamentary capacity, with the following memorandum...

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