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IN THE MATTER OF ESTATE OF RICCI

18 A.D.3d 663 (2005)

795 N.Y.S.2d 672

In the Matter of the Estate of FELICE RICCI, Deceased. FRANK RICCI, Appellant; ROSA SIBILIO, Respondent.

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

May 16, 2005.

After the death of the decedent, Felice Ricci, Rosa Sibilio claimed that she owned the funds in the bank accounts opened jointly in her name and that of the decedent. The appellant, the administrator of the decedent's estate, challenged Sibilio's entitlement to those funds. In a decision after trial dated March 22, 2004, the Surrogate's Court found that Sibilio was entitled to the funds because the appellant failed to rebut the presumption created by Banking Law § 675...

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