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BOCHNIK v. GATE OF HEAVEN

22594/10.

32 Misc.3d 269 (2011)

927 N.Y.S.2d 739

2011 NY Slip Op 21174

BARBARA BOCHNIK et al., Petitioners, v. GATE OF HEAVEN CEMETERY et al., Respondents.

Supreme Court, Westchester County.

Decided May 10, 2011.

Attorney(s) appearing for the Case

Feerick, Lynch MacCartner, PLLC, South Nyack ( J. David MacCartney, Jr. , of counsel), for petitioners.

McCarthy Fingar LLP, White Plains ( Michelle L. Santoro of counsel), for Dina Fazio-Bochnik, Also Known as Dina Bochnik, respondent.

OPINION OF THE COURT

RICHARD B. LIEBOWITZ, J.

Petitioners' son, William J. Bochnik (William), died suddenly on January 24, 2010. Respondent Dina Fazio-Bochnik (hereinafter Dina) and William had divorced more than three years prior to his death. Their marriage produced one child, M., date of birth x/xx/01 (M.). William died without a surviving spouse and no other children. At the time of William's death, Dina stated...

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