Legal Opinion

Bochnik v. Gate of Heaven Cemetery

New York Supreme Court

Decided May 10, 2011Published

1Opinion of the Court

OPINION OF THE COURT

Richard B. Liebowitz, J.

Petitioners’ son, William J. Bochnik (William), died suddenly on January 24, 2010. Respondent Dina Fazio-Bochnik (hereinaf*270ter Dina) and William had divorced more than three years prior to his death. Their marriage produced one child, M., date of birth x/xx/01 (M.). William died without a surviving spouse and no other children. At the time of William’s death, Dina stated that she was in possession of William’s will and that the will named her executrix of William’s estate. Dina has proffered a copy of the unexecuted will (which mistakenly refers to…

2Cases cited4 opinions

  1. Yome v. GormanNew York Court of Appeals · 1926
  2. Matter of Currier (Woodlawn Cemetery)New York Court of Appeals · 1949
  3. Dutcher v. ParadiseAppellate Division of the Supreme Court of the State of New York · 1995
  4. In re PerusoNew York Supreme Court · 1969

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