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MATTER OF FALKOWSKY

File No. 776/2015. 2020-08400.

197 A.D.3d 1300 (2021)

154 N.Y.S.3d 125

2021 NY Slip Op 05122

In the Matter of Harold Falkowsky, Deceased. Alice Sobel, Appellant; Jeffrey Falkowsky, Objectant-Respondent.

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

Decided September 29, 2021.

Attorney(s) appearing for the Case

Piscionere & Nemarow, P.C., Rye, NY ( Anthony G. Piscionere and Michael Konicoff of counsel), for appellant.

Greenfield Stein & Senior, LLP, New York, NY ( Harvey E. Corn , Charles T. Scott , and Gina M. Ciorciari of counsel), for respondent.

LaSalle, P.J., Iannacci and Christopher, JJ., concur.

Ordered that the decree is affirmed, with costs payable personally by the appellant.

Factual and Procedural Background

The decedent, Harold Falkowsky, a retired accountant, died on January 14, 2015, at the age of 83, at White Plains Hospital Center (hereinafter WPH), where he had been hospitalized since December 1, 2014. On December 15, 2014, the decedent purportedly executed a last will and testament (hereinafter the will) in which he bequeathed...

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