JOSEPH NICHOLAS SCALISI v. << (2026)

In this probate proceeding, the petitioner, Anthony Rainone, seeks the admission to probate of an instrument dated February 28, 2024 (the Will) purporting to be the last will and testament of the decedent, Joseph N. Scalisi (the decedent). The petitioner also seeks the issuance of letters testamentary to himself.

The decedent died on July 31, 2025 survived by his first cousin, Anthony Rainone, and his first cousin once removed, Anthony Rainone, who is referred to in the Will as the decedent's "second cousin." In Article SECOND (A) of the Will, the decedent bequeaths his "[r]ecord collection and electric train set to Anthony Rainone, second cousin." In addition, under Article SECOND (B), the decedent bequeaths "[a]ll firearms to Anthony Rainone, my first cousin who is a law enforcement officer and Florida resident."

Article THIRD (B) and (C) of the Will provide as follows:

"B. The proceeds of the following accounts listed below shall be divided as follows between my second cousins.

1. Nassau Financial Credit Union

2. New York State Deferred Compensation Plan

3. Court Officers Benevolent Association of Nassau County

Ann Lucent White shall receive Twenty-Five Thousand Dollars ($25,000)

Delores Lucent Gallo shall receive Twenty-Five Thousand Dollars ($25,000)

Denise Lucent Romano shall receive Fifty Thousand Dollars ($50,000)

Anthony Rainone, second cousin, shall receive all residue and remainder after all distributions are made.

C. My home located at 1743 Noble Street, East Meadow, NY 11554 shall be bequeathed to Anthony Rainone, my second cousin."

Article FIFTH bequeaths the decedent's residuary estate "[t]o Anthony Rainone, my second cousin."

According to the affidavit of heirship filed in this proceeding, the decedent had two cousins named Anthony Rainone, one who is his first cousin and one who is his first cousin once removed. The question before the court is whether the decedent meant his first cousin once removed when he referred to his "second cousin" Anthony Rainone.

In Matter of Cubic (2011 NY Slip Op 30110 [U] [Sur Ct, Nassau County 2011]), the guardian ad litem appointed in that proceeding argued that the decedent did not have testamentary capacity because in his will he referred to the "nieces of his wife as his own nieces and as his sole heirs." This court held that the guardian ad litem's assertion was without merit as "there is no reason to believe that decedent was familiar with the distinctions between legal terms such as heirs, legatees and distributees" (Id.) The court held that the decedent simply transposed "commonly misused legal nomenclature to identify family relationships..." (Id.)

Here, the decedent's reference to Anthony Rainone as his "second cousin" as opposed to his "first cousin once removed" is nothing more than a misuse of nomenclature to identify a family relationship and is of no consequence to the validity of the Will. The court is satisfied that the decedent meant his first cousin once removed, Anthony Rainone, when he referred to his second cousin, Anthony Rainone.

Accordingly, the instrument dated February 28, 2024 shall be admitted to probate as the last will and testament of the decedent. Letters testamentary shall issue to the petitioner.

Submit decree within sixty (60) days of the date of this decision.

This constitutes the decision of the court.

Dated: June 1, 2026

Mineola, New York

E N T E R:

HON. DAVID P. SULLIVAN

Judge of the Surrogate's Court

David P. Sullivan, J.