MATTER OF MOSKOFF


41 A.D.3d 481 (2007)

836 N.Y.S.2d 708

In the Matter of Estate of ARTHUR MOSKOFF, Deceased. GEORGE MOSKOFF, Respondent; DAVID MOSKOFF, Appellant, and JAWONIO FOUNDATION, INC., et al., Respondents.

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

Decided June 5, 2007.


Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further,

Ordered that the decree is reversed, on the law, without costs or disbursements, that branch of the petitioner's motion which was for summary judgment dismissing the objection based on lack of testamentary capacity is denied, and the order dated November 9, 2005, is modified accordingly.

The appeal from the order must be dismissed because the right of direct...

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