In re the Estate of Mancuso

OPINION OF THE COURT

Michael H. Feinberg, S.

In this contested probate proceeding, petitioner moves for an *898order suppressing the transcript of the deposition of the attorney-draftsman (CPLR 3116 [e]).

The propounded instrument was executed January 7, 2000. The decedent died January 9, 2000, two days later. Under the propounded instrument, the decedent left her residuary estate to Michael Pizzi, the petitioner. The decedent had an earlier will, dated August 31, 1987, in which she left her estate to her brother Carmine Mancuso and sister Antoinette Mancus (sic). If they predeceased her, which they…