MATTER OF GIAQUINTO

No. 34 SSM 26.

32 N.Y.3d 1180 (2019)

2019 NY Slip Op 01125

In the Matter of the Estate of EDWARD V. GIAQUINTO, Deceased. CYNTHIA A. JOHNSON, Respondent; JOANN FARINA, Appellant. (And Another Related Proceeding.)

Court of Appeals of New York.

Decided February 14, 2019.


Attorney(s) appearing for the Case

Parisi, Coan & Saccocio, PLLC, Schenectady ( Gerard F. Parisi of counsel), for appellant.

Couch White, LLP, Albany ( Donald J. Hillmann of counsel), for respondent.


OPINION OF THE COURT

MEMORANDUM.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, affirmed, with costs. In response to petitioner's prima facie showing of entitlement to summary judgment on the issue of testamentary capacity, respondent failed to raise a triable issue of fact.

Chief Judge DiFIORE and Judges...

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