MATTER OF COCCIA


59 A.D.3d 716 (2009)

874 N.Y.S.2d 224

In the Matter of the Estate of MARIE COCCIA, Also Known as MARIE V. COCCIA, Also Known as MARIA COCCIA, Deceased. RICHARD A. COCCIA, Respondent; ROBERT COCCIA, Appellant.

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

Decided February 24, 2009.


Ordered that the order is affirmed, with costs.

After signing a waiver and consent to probate, the appellant moved to vacate the decree admitting the decedent's will to probate on the ground that the testator lacked testamentary capacity. Unlike a nonparty seeking such relief, who need only "demonstrate a substantial basis for its contest and a reasonable probability of success through competent evidence that would have probably altered the outcome of the original...

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