Successful Appeal in Matter of Costello

Associate attorney Albert V. Messina, Jr. successfully argued an appeal from the Suffolk County Surrogate's Court Order granting summary judgment in the Estate of George D. Costello Sr.

The Appellate Division, Second Department affirmed the granting of summary judgment by the Suffolk County Surrogate's Court in a contested probate proceeding. The adult children of decedent George David Costello, Sr. alleged that their father's will was executed improperly. The Appellate Division, Second Department echoed the finding of the Suffolk County Surrogate's Court by holding that "the moving objectants met their prima facie burden of establishing that the purported will was not properly executed by submitting evidence that not all of the pages of the document alleged to be the decedent's will were present at the time of the purported execution." Matter of Costello, 2016 NY Slip Op 01322, Feb. 24, 2016 (2d Dep't 2016).

Follow this link to view the text of the Order on the Court website:

Matter of Costello

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