Matter of Giaquinto

Matter of Giaquinto 2019 NY Slip Op 01125 Decided on February 14, 2019 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 14, 2019
No. 34 SSM 26 In the Matter of the Estate of

[*1]Edward V. Giaquinto, Deceased.

Cynthia A. Johnson, Respondent, Joann Farina, Appellant. (And Another Related Proceeding.)

Submitted by Gerard F. Parisi, for appellant.

Submitted by Donald J. Hillmann, for respondent.

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.

Decided February 14, 2019