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MATTER OF FALK

47 A.D.3d 21 (2007)

845 N.Y.S.2d 287

In the Matter of the Estate of VICTORIA FALK, Deceased. JOSEPH FASHING et al., Appellants; PAVEL HILLEL et al., Respondents.

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

November 13, 2007.

Attorney(s) appearing for the Case

Bashian & Farber, LLP, White Plains (Annette G. Hasapidis of counsel), for appellants.

Seth Rubenstein, P.C., Brooklyn (Nora S. Anderson and Seth Rubenstein of counsel), for respondents.

SAXE, J.P., BUCKLEY, GONZALEZ and SWEENY, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.

In this appeal, we are asked to determine whether Surrogate's Court properly denied, for lack of due execution, admission of the document, dated September 4, 2000, to probate as the last will and testament of Victoria Falk.

Victoria Falk (decedent) was an unmarried, 91-year-old woman, with no offspring, at the time of her death on September 13, 2002. Decedent left an estate valued between $425,000 and $500,000. Petitioner...

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