| Matter of Giaquinto |
| 2019 NY Slip Op 01125 [32 NY3d 1180] |
| February 14, 2019 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, March 20, 2019 |
| In the Matter of the Estate of Edward V. Giaquinto, Deceased. Cynthia A. Johnson, Respondent; JoAnn Farina, Appellant. (And Another Related Proceeding.) |
Decided February 14, 2019
Matter of Giaquinto, 164 AD3d 1527, affirmed.
Parisi, Coan & Saccocio, PLLC, Schenectady (Gerard F. Parisi of counsel), for appellant.
Couch White, LLP, Albany (Donald J. Hillmann of counsel), for respondent.
Memorandum.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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.