Ordered that the order is modified by (1) deleting the provision thereof denying that branch of the petitioner's motion which was for summary judgment declaring that the real property located at 55 Sagamore Drive, Syosset, New York, is a testamentary substitute and substituting therefor a provision granting that branch of the motion, and (2) deleting the provision thereof granting summary judgment to the respondent; as so modified, the order is affirmed insofar as appealed...
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