MATTER OF GIACOBBE

File No. 293/18. 2020-06996.

199 A.D.3d 915 (2021)

158 N.Y.S.3d 195

2021 NY Slip Op 06354

In the Matter of Frank Giacobbe, Deceased. Carmela Deraco, Respondent-Appellant; Rosario Vizzari, Appellant-Respondent.

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

Decided November 17, 2021.


Attorney(s) appearing for the Case

Maker, Fragale & Di Costanzo LLP, Rye, NY ( Costantino Fragale of counsel), for appellant-respondent.

Bleakley Platt & Schmidt, LLP, White Plains, NY ( Susan E. Galvo and Vincent W. Crowe of counsel), for respondent-appellant.

LaSalle, P.J., Rivera, Duffy and Ford, JJ. concur.


Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

On June 4, 2018, the petitioner, Carmela Deraco, commenced this proceeding to admit a copy of the decedent's January 4, 1990 will (hereinafter the 1990 will) to probate. The petitioner, the decedent's sister, is the sole beneficiary of the decedent's estate under the 1990 will, which was drafted by, and executed under the supervision of, an attorney, Gerald...

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