MATTER OF GOBES

File No. 305/17. 2018-11859. 2018-11865.

189 A.D.3d 1402 (2020)

139 N.Y.S.3d 269

2020 NY Slip Op 07887

In the Matter of Raymond F. Gobes, Sr., Deceased. Raymond F. Gobes, Jr., Appellant; Georgine Kamide, Respondent.

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

Decided December 23, 2020.


Attorney(s) appearing for the Case

Leavy & Coogan-Leavy, PLLC, Huntington, NY ( Michael G. Leavy of counsel), for appellant.

Egan & Golden, LLP, Patchogue, NY ( Michael Garabedian and Page Traxler of counsel), for respondent.

Balkin, J.P., Leventhal, Barros and Wooten, JJ., concur.


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the decree is reversed insofar as appealed from, on the law, those branches of the petitioner's motion which were for summary judgment dismissing the objections to probate based on testamentary incapacity and undue influence and to admit the will to probate are denied, and the order dated June 29, 2018, is modified accordingly; and it is further,

Ordered that one bill of costs...

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