MATTER OF FINOCCHIO


270 A.D.2d 418 (2000)

704 N.Y.S.2d 634

In the Matter of the Estate of FANNY FINOCCHIO, Deceased. JOHN FINOCCHIO, Respondent; MARIE LITRENTA, Appellant.

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

Decided March 20, 2000.


Ordered that the decree is affirmed, with costs payable by the appellant personally.

The Surrogate's Court properly granted the proponent's motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the objections to the admission of the subject will to probate. Although the objectant alleged, inter alia, improper execution of the will and lack of testamentary capacity, she failed to adduce any evidence in support of any of her objections. Where...

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