Opinion
November 30, 1998
Appeal from the Supreme Court, Queens County (Price, J.).
Ordered that the appeal of the defendant Ralph Manicone, as executor of the estate of Jean D. Manicone is dismissed, as he is not aggrieved by the order appealed from in his representative capacity; and it is further,
Ordered that the order is affirmed insofar as appealed from by the appellants Ralph Manicone and Delores Manicone; and it is further,
Ordered that the plaintiff is awarded costs, payable by the defendants Ralph Manicone, individually, and Delores Manicone.
The appellants have failed, on this record, to raise an issue of fact to rebut the presumption that the decedent and the plaintiff intended that the subject account be held in joint tenancy with the right of survivorship ( see, Matter of Kleinberg v. Heller, 38 N.Y.2d 836; Matter of Camarda, 63 A.D.2d 837, 838; Matter of Coddington, 56 A.D.2d 697, 698).
Bracken, J. P., Ritter, Santucci and Altman, JJ., concur.