In re the Estate of Cottone — 40 N.Y.2d 1007

Majority

p. 1007

In the Matter of the Estate of Josephine Cottone, Also Known as Giuseppina Cottone, Deceased. Benjamin Cottone, Respondent; Dorothy Fernandez, Appellant.

Argued November 16, 1976;

decided December 16, 1976

Ernest R. Maler for appellant.

Paul E. Fitzmorris for respondent.

Order affirmed, with costs, on the memorandum at the Appellate Division ( 49 AD2d 940 ).

p. 1008

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.

Cases cited

In re the Estate of Cottone 49 AD2d 940 N.Y. App. Div. 1975-10-28 p. 1007