In re Tehan

Appeal from an order of the Supreme Court, Oneida County (Patrick F. MacRae, J.), entered August 3, 2015. The order, among other things, granted respondent’s motion for summary judgment dismissing the petition.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying respondent’s motion in part and reinstating the first cause of action, and as modified the order is affirmed without costs.

*1531Memorandum: Petitioner, in her capacity as executrix of the estate of her husband (decedent) commenced this proceeding seeking, inter alia, declaratory relief and…