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MATTER OF CAMMARERI

34 A.D.3d 800 (2006)

823 N.Y.S.2d 916

In the Matter of the Estate of NICHOLAS A. CAMMARERI, Also Known as NICKY CAMMARERI, Deceased. SYLVIA SUNCIN et al., Appellants; DEBRA C. CAMMARERI et al., Respondents.

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

Decided November 28, 2006.

Ordered that the appeal by Sylvia Cammareri is dismissed, as she is not aggrieved by the order appealed from (see CPLR 5511); and it is further,

Ordered that the order is affirmed, with costs payable by the petitioner personally.

On the record presented, there are triable issues of fact as to whether the will at issue was duly executed (see Matter of Jacinto, 172 A.D.2d 664 [1991]; EPTL 3-2.1; SCPA 1408). Thus...

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