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MANTELLA v. MANTELLA

268 A.D.2d 852 (2000)

701 N.Y.S.2d 715

MICHAEL P. MANTELLA, Individually and as Coexecutor of GILDA MANTELLA, Deceased, Respondent, v. JOSEPH A. MANTELLA, Individually and as Coexecutor of GILDA MANTELLA, Deceased, Appellant, et al., Defendants.

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

Decided January 20, 2000.

Cardona, P. J.

On August 16, 1990, Gilda Mantella (hereinafter decedent) executed a power of attorney appointing defendant, her son, as attorney-in-fact. In March 1994, she was diagnosed with Alzheimer's disease. While acting as decedent's attorney-in-fact, defendant executed a warranty deed on September 12, 1996 transferring real property owned by decedent in the Town of Homer, Cortland County, to himself and his wife. The deed stated that the transfer was made in...

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