| Matter of Imperato |
| 2009 NY Slip Op 08616 [67 AD3d 909] |
| November 17, 2009 |
| Appellate Division, Second Department |
| In the Matter of Estate of Thomas Imperato, Deceased. AngelaAmengual, Respondent; Alfred Zucaro, Jr., Appellant; Maria Zucaro, NonpartyAppellant. |
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Sichol & Hicks, P.C., Suffern, N.Y. (William R. Sichol, Jr., of counsel), forrespondent.
In a probate proceeding, the objectant Alfred Zucaro, Jr., appeals from an order of theSurrogate's Court, Rockland County (Berliner, S.), dated September 10, 2007, which granted thepetitioner's motion, in effect, for summary judgment dismissing his objections to probate andadmitting the will to probate, and nonparty Maria Zucaro appeals from the same order.
Ordered that on the Court's own motion, the appeal by nonparty Maria Zucaro is dismissed,as she is not aggrieved by the order (see CPLR 5511); and it is further,
Ordered that the order is affirmed; and it is further,
Ordered that one bill of costs is awarded to the respondent.
The petitioner made a prima facie showing that, at the time the testator executed the subjectwill, he possessed the requisite testamentary capacity (see Matter of Kumstar, 66 NY2d691, 692 [1985]; Matter of Malan,56 AD3d 479, 480 [2008]; Matter of DiCorcia, 35 AD3d 463, 464 [2006]). Furthermore, thepetitioner made a prima facie showing that the will was not procured through undue influence(see Matter of DiCorcia, 35 AD3d at 464). In opposition to the petitioner's prima facieshowing, the objectant Alfred Zucaro, Jr., failed to raise a triable issue of fact (see Matter of James, 62 AD3d707, 707-708 [2009]; Matter of DiCorcia, 35 AD3d at 464; see generallyAlvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]). Accordingly, the Surrogate's Courtproperly granted the petitioner's motion, in effect, for summary judgment dismissing theobjections to probate and admitting the will to probate.
The objectant's remaining contentions are without merit. Dillon, J.P., Miller, Angiolillo andDickerson, JJ., concur.