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ESTATE OF GREGORY CATALANO, Deceased.

ESTATE OF GREGORY CATALANO, Deceased. (363596/11) — In this contested probate proceeding, the proponent moves for an order pursuant to CPLR 3212 granting summary judgment dismissing the objections and admitting the will to probate. As explained below, the motion is granted in part and denied in part.

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ESTATE OF GREGORY CATALANO, Deceased. (363596/11) — In this contested probate proceeding, the proponent moves for an order pursuant to CPLR 3212 granting summary judgment dismissing the objections and admitting the will to probate. As explained below, the motion is granted in part and denied in part.

The decedent Gregory Catalano was 54 years old at the time of his death on December 28, 2010. He was never married, had no children, and was survived by his three adult siblings, Carmille Benincaso, John Catalano, and Joseph Catalano as his only distributees. Gregory, Carmille, and John are siblings of the full blood, their mother having died when they were children. Their father remarried and there was one child of the marriage, the decedent’s half-brother Joseph. The will which has been offered for probate, dated May 23, 2000, leaves the entire estate to Carmille and nominates her as executor. John and Joseph are the objectants and oppose the motion for summary judgment. The objections filed contend that the will was not duly executed, that the decedent lacked the capacity to execute a will at the time of its purported execution, and that if it was, in fact, executed by the decedent, it was as the result of fraud or undue influence having been exerted on the decedent by Carmille.

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