Matter of Halpern, 16 NY3d 777 (2011)

2011 NY Slip Op 01323 [16 NY3d 777]
February 22, 2011
Court of Appeals

[*1]

In the Matter of the Estate of Seymour Halpern, Deceased. Adrienne Halpern et al., Respondents; Elizabeth Halpern, Appellant.

Decided February 22, 2011

Matter of Halpern, 76 AD3d 429, affirmed.

{**16 NY3d at 778} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question not answered upon the ground that it is unnecessary. When viewed in its entirety, the testimony from the attesting witness is insufficient to create a triable issue of fact as to whether decedent’s will was duly executed.

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.