IN RE: the ESTATE OF Edward V. GIAQUINTO (2019)

Court of Appeals of New York.

IN RE: the ESTATE OF Edward V. GIAQUINTO, Deceased. Cynthia A. Johnson, Respondent, v. Joann Farina, Appellant. (And Another Related Proceeding.)

No. 34 SSM 26

Decided: February 14, 2019

Parisi, Coan & Saccocio, PLLC, Schenectady (Gerard F. Parisi of counsel), for appellant. Couch White, LLP, Albany (Donald J. Hillmann of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

On review of submissions pursuant to section 500.11 of the Rules, order, insofar as appealed from, affirmed, with costs. In response to petitioner's prima facie showing of entitlement to summary judgment on the issue of testamentary capacity, respondent failed to raise a triable issue of fact.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur.

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