OPINION OF THE COURT
JAMES D. PAGONES, J.
This petition pursuant to EPTL 2-1.7 (b) for a decree (1) declaring that Juan M. Lafuente died on September 11, 2001, and (2) permitting his wife Colette to file a probate proceeding with respect to a will executed by him, dated June 30, 2000, is granted as follows:
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