In re to Declare the Death of Lafuente

OPINION OF THE COURT

James D. Pagones, J.

This petition pursuant to EPTL 2-1.7 (b) for a decree (1) declaring that Juan M. Lafuente died on September 11, 2001, and (2) permitting his wife Colette to file a probate proceeding with respect to a will executed by him, dated June 30, 2000, is granted as follows:

*578A hearing was conducted at which testimony was received from the petitioner Colette Lafuente, the spouse of Juan M. Lafuente (the absentee), Catherine Lafuente an adult child of the couple, Barry Horowitz, an acquaintance of petitioner and the absentee, and Detective Walter Horton of the City…