MATTER OF ESTATE OF KUSNYER

960 CA 19-02261.

194 A.D.3d 1442 (2021)

2021 NY Slip Op 02950

In the Matter of the Estate of Joseph J. Kusnyer, Jr., Deceased. Charitie Johnson, Appellant; Sylvia Ferincz et al., Respondents.

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

Decided May 7, 2021.


Attorney(s) appearing for the Case

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( CHAD A. DAVENPORT OF COUNSEL), FOR PETITIONER-APPELLANT.

MAGAVERN MAGAVERN GRIMM LLP, BUFFALO ( EDWARD J. MARKARIAN OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

Present—Smith, J.P., Carni, Troutman, Bannister and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner commenced this proceeding to compel production of a will pursuant to SCPA 1401, seeking, inter alia, an order requiring respondents to be examined regarding the will decedent executed in 2007. That will included a provision that, "[i]n the event that [decedent] own[ed] [his residence] ... at the time of [his] death, [he would] devise and bequeath said...

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