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In the Matter of Sapienza

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 718 (N.Y. App. Div. 2004)

Opinion

2003-03106, 2003-08805.

Decided April 26, 2004.

In a contested probate proceeding, Marie Alt and Patricia Greenberg appeal from (1) a decision of the Surrogate's Court, Rockland County (Weiner, S.), dated January 9, 2003, and (2) a decree of the same court dated February 24, 2003, which, upon the decision, made after a nonjury trial, admitted the will to probate.

Ballon Stoll Bader Nader, P.C., New York, N.Y. (Richard Turyn and Stephen P. Long of counsel), for appellants.

John T. Catterson, Hauppauge, N.Y., for respondent Frank John Sapienza.

Feder Kaszovitz Isaacson Weber Skala Bass Rhine, LLP, New York, N.Y. (Marcel Weber and Bruce Robins of counsel), for respondent Susan Norton, and Orville H.

Mann, Jr., respondent pro se (one brief filed).

Before: HOWARD MILLER, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the appeal from the decision is dismissed, as no appeal lies from a decision ( see Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,

ORDERED that the decree is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the respondents appearing separately and filing separate briefs, payable by the appellants personally.

The Surrogate properly found that the proponent of the will met his burden of establishing that the will was duly executed in accordance with the formal requirements of EPTL 3-2.1 ( see Matter of Rosen, 291 A.D.2d 562; Matter of Spinello, 291 A.D.2d 406, 407).

The appellants' remaining contention is without merit.

H. MILLER, J.P., LUCIANO, SCHMIDT and TOWNES, JJ., concur.


Summaries of

In the Matter of Sapienza

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 718 (N.Y. App. Div. 2004)
Case details for

In the Matter of Sapienza

Case Details

Full title:IN THE MATTER OF SANTO SAPIENZA, deceased. FRANK JOHN SAPIENZA, ET AL.…

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

Date published: Apr 26, 2004

Citations

6 A.D.3d 718 (N.Y. App. Div. 2004)
775 N.Y.S.2d 178