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MATTER OF D'AGOSTINO

284 A.D.2d 857 (2001)

728 N.Y.S.2d 234

In the Matter of the Estate of JOHN A. D'AGOSTINO, Deceased. MARY RAIMOND, as Executor of JOHN A. D'AGOSTINO, Deceased, Appellant; RALPH RAIMOND, Respondent. (And Another Related Proceeding.)

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

Decided June 28, 2001.

Mercure, J. P.

Petitioner and respondent were previously married but their marriage ended in July 1995 in what petitioner described as "a very bitter divorce." They have two adult children, Laura Crowley and Janet Chati. On May 23, 1996, petitioner received word from Bell Atlantic that her brother, John A. D'Agostino (hereinafter decedent), was trying to reach her on the telephone. At that time, petitioner had not seen decedent for many years. Petitioner and decedent...

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