Legal Opinion
In re Coccia
Appellate Division of the Supreme Court of the State of New York
Decided February 24, 2009PublishedCited by 5 opinions
1Opinion of the Court
In a probate proceeding, the objectant, Robert Coccia, appeals from an order of the Surrogate’s Court, Kings County (Torres, S.), dated June 26, 2008, which denied his motion to vacate a decree of the same court dated May 25, 2007, admitting the decedent’s will to probate.
Ordered that the order is affirmed, with costs.
After signing a waiver and consent to probate, the appellant moved to vacate the decree admitting the decedent’s will to probate on the ground that the testator lacked testamentary capacity. Unlike a nonparty seeking such relief, who need only “demonstrate a substantial basis…
2Cases cited8 opinions
- In Re Estate of FrutigerNew York Court of Appeals · 1971
- American Committee for Weizmann Institute of Science v. DunnNew York Court of Appeals · 2008
- In re WestbergAppellate Division of the Supreme Court of the State of New York · 1938
- In re the Estate of LeeperAppellate Division of the Supreme Court of the State of New York · 1976
- In re HallAppellate Division of the Supreme Court of the State of New York · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Estate of ChinAppellate Division of the Supreme Court of the State of New York · 2010
- Matter of KnappAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of KnappAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of ParadaAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of SchnallAppellate Division of the Supreme Court of the State of New York · 2017