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MATTER OF ZIELINSKI

208 A.D.2d 275 (1995)

In the Matter of The Estate of Cecilia Zielinski, Deceased. Barbara Moczulski, Appellant; Eugene J. Zielinski, Respondent Eugene J. Zielinski et al., Respondents, v. Barbara Moczulski, Appellant

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

March 16, 1995

Attorney(s) appearing for the Case

Drago & Drago, Schenectady (Karen A. Drago of counsel), for appellant.

Harris, Beach & Wilcox, Albany (Roland M. Cavalier of counsel), for respondents.

CARDONA, P. J., MERCURE, CASEY and SPAIN, JJ., concur.

PETERS, J.

Cecilia Zielinski (hereinafter decedent) was admitted to the hospital on May 30, 1992 and diagnosed with colon cancer shortly thereafter. While in the hospital, she was seen on a daily basis by her sister, Barbara Moczulski (hereinafter proponent) and her sister's husband. On or about June 23, 1992 while still in the hospital, decedent executed a will, in the presence of proponent, which provided...

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