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Matter of Estate of Cosmo Rinaudo, deceased.

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In this contested proceeding, decedent, Cosmo Rinaudo, died on November 3, 2010, a resident of Richmond County. A document purporting to be his Last Will and Testament was filed for probate by his spouse and Petitioner, Rosemarie Rinaudo. Objections to the probate were filed by Lina Rinaudo, the decedent’s non-marital child. Examinations pursuant to SCPA 1404 were completed along with all discovery.

On January 12, 2012, the Petitioner filed a Motion for Summary Judgment seeking to dismiss all objections. The Objectant submitted an Affirmation in Opposition to the Motion, and Petitioner filed a Reply Affidavit in support of the motion. On the return date of the Summary Judgment motion, counsel for both sides appeared. The Objectant’s attorney argued that he was served with the Reply Affidavit just one day before the return date and was not given the opportunity to reply back. After a short side bar, the Petitioner’s attorney agreed to allow the Objectant to submit his Supplemental Affirmation by February 8, 2012. The Objectant failed to submit any document by the due date and decision was reserved on the Summary Judgment Motion.

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