Matter of Giaquinto, 32 NY3d 1180 (2019)

2019 NY Slip Op 01125 [32 NY3d 1180]
February 14, 2019
Court of Appeals

[*1]

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.

{**32 NY3d at 1181} OPINION OF THE COURT

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.