MATTER OF BALDINO

File No. 125/19. 2021-06935.

230 A.D.3d 681 (2024)

217 N.Y.S.3d 602

2024 NY Slip Op 04263

In the Matter of Augustine Baldino, Also Known as Augustine Michael Baldino, Sr., Deceased. Holly Eldredge, Respondent; Barbara Baldino-Murphy, Also Known as Barbara Murphy, Objectant-Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 21, 2024.


Attorney(s) appearing for the Case

Corbally, Gartland and Rappleyea, LLP, Poughkeepsie, NY (Alexandra C. Downey and Allan B. Rappleyea of counsel), for objectant-appellant.

Stenger, Diamond & Glass, LLP, Wappingers Falls, NY (Mary K. Ephraim of counsel), for petitioner-respondent.

Brathwaite Nelson, J.P., Maltese, Voutsinas and Love, JJ., concur.


In a contested probate proceeding, the objectant appeals from an order and decree (one paper) of the Surrogate's Court, Dutchess County (Michael G. Hayes, S.), entered August 25, 2021. The order and decree, insofar as appealed from, granted those branches of the petitioner's motion which were for summary judgment dismissing the objections to probate based on lack of testamentary capacity and undue influence and admitted the will to probate.

Ordered that the order...

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