MATTER OF IMPERATO

2008-01552.

67 A.D.3d 909 (2009)

888 N.Y.S.2d 426

2009 NY Slip Op 08616

In the Matter of Estate of THOMAS IMPERATO, Deceased. ANGELA AMENGUAL, Respondent; ALFRED ZUCARO, JR., Appellant; MARIA ZUCARO, Nonparty Appellant.

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

Decided November 17, 2009.


Ordered that on the Court's own motion, the appeal by nonparty Maria Zucaro is dismissed, as she is not aggrieved by the order (see CPLR 5511); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondent.

The petitioner made a prima facie showing that, at the time the testator executed the subject will, he possessed the requisite testamentary capacity (see Matter of...

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