Matter of Neller

In a probate proceeding, the petitioner appeals, as limited by her brief, from so much of an order and decree (one paper) of the Surrogate’s Court, Richmond County (Gigante, S.), dated August 13, 2013, as, in effect, searched the record and awarded summary judgment to the objectants denying the petition to admit the document alleged to be the decedent’s will to probate.

Ordered that the order and decree is reversed insofar as appealed from, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Surrogate’s Court, Richmond County, for further…