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MATTER OF GORMELY

2 Misc.3d 233 (2003)

772 N.Y.S.2d 464

In the Matter of the Estate of ALLEN GORMELY, Deceased.

Surrogate's Court, Kings County.

October 29, 2003.

Attorney(s) appearing for the Case

Kevin Kerny, Brooklyn, guardian ad litem.

Richard Izzo, Brooklyn, for Eleanor Barrack and others.

Alan Asher, New York City, for Lucille Fiore and others.

Codispoti & Mancinelli, LLP, New York City (Bruce Codispoti of counsel), for Eileen Tomasilli.

OPINION OF THE COURT

MICHAEL H. FEINBERG, S.

This is a proceeding seeking to probate decedent's last will and testament dated August 24, 1991.

Allen Joseph Gormely, Jr., an incarcerated individual, who was represented by private counsel at the time, filed objections to the will.

A person under a disability pursuant to SCPA 103 (40) is defined as a person who is "an infant . . . an incompetent ....

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