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MATTER OF GACOVINO

File No. 372997/13. 2018-13771.

188 A.D.3d 1201 (2020)

132 N.Y.S.3d 848

2020 NY Slip Op 07058

In the Matter of Robert John Gacovino, Sr., Deceased. Paula B. Wunder, Appellant; Capital One Bank, N.A., et al., Respondents.

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

Decided November 25, 2020.

Ordered that the decree is affirmed, with one bill of costs.

In November 2011, Robert J. Gacovino, Sr. (hereinafter the decedent), opened an account at the respondent Capital One Bank, N.A. (hereinafter Capital One), in trust for the respondent Robert J. Gacovino, Jr. (hereinafter Gacovino Jr.). The decedent died in December 2012, and in January 2013, Gacovino Jr. went to a Capital One branch and withdrew all of the funds in the account.

Thereafter, the petitioner...

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