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PROBATE PROCEEDING, WILL OF REVA KATZ, DECEASED. BARBARA FORTGANG pet-res, v. DR. JEFFREY I. KATZ, Objector-ap

9255. PROBATE PROCEEDING, WILL OF REVA KATZ, DECEASED. BARBARA FORTGANG pet-res, v. DR. JEFFREY I. KATZ, Objector-ap — Jack Dashosh, Sea Cliff, for ap — Goldfarb Abrandt Salzman & Kutzin LLP, New York (Michael S. Kutzin of counsel), for res — Order, Surrogate's Court, New York County (Kristin Booth Glen, S.), entered on or about September 28, 2012, which granted petitioners' motion for summary judgment dismissing objector's objections to probating the will, unanimously affirmed, without costs.

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9255. PROBATE PROCEEDING, WILL OF REVA KATZ, DECEASED. BARBARA FORTGANG pet-res, v. DR. JEFFREY I. KATZ, Objector-ap — Jack Dashosh, Sea Cliff, for ap — Goldfarb Abrandt Salzman & Kutzin LLP, New York (Michael S. Kutzin of counsel), for res — Order, Surrogate’s Court, New York County (Kristin Booth Glen, S.), entered on or about September 28, 2012, which granted petitioners’ motion for summary judgment dismissing objector’s objections to probating the will, unanimously affirmed, without costs.

In opposition to the self-proving affidavits submitted by petitioners establishing the decedent’s competency at the time her will was executed (see Matter of Schlaeger, 74 AD3d 405 [1st Dept 1995]), objector submitted a medical opinion to the contrary by a doctor who had never examined decedent and based her opinion solely on medical records (see Matter of Estate of Van Patten, 215 AD2d 947, 949 [3d Dept 1995], lv denied 87 NY2d 802 [1995]). Moreover, the decedent was examined shortly before she executed the will by a psychiatrist hired by her trust and estates lawyer and was found competent.

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