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ESTATE OF GRACE E. PRICE, Deceased

ESTATE OF GRACE E. PRICE, Deceased. (11/3847/A) — In this contested proceeding to compel the turnover of assets allegedly belonging to this decedent, respondent, Barbara L. Macaluso, has moved for summary judgment, pursuant to CPLR 3212, asserting that she is entitled to judgment as a matter of law. Petitioner opposes the motion. For the reasons set forth below, the motion is granted.

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ESTATE OF GRACE E. PRICE, Deceased. (11/3847/A) — In this contested proceeding to compel the turnover of assets allegedly belonging to this decedent, respondent, Barbara L. Macaluso, has moved for summary judgment, pursuant to CPLR 3212, asserting that she is entitled to judgment as a matter of law. Petitioner opposes the motion. For the reasons set forth below, the motion is granted.

Decedent died on September 4, 2011 survived by three children. Decedent’s will, dated March 16, 2011, was duly admitted to probate by this court on June 15, 2012. Although all of decedent’s children were named as co-executors, only petitioner, Diane Tomaini, qualified. Letters issued solely to her on June 18, 2012 and remain in full force and effect. On December 21, 2012, petitioner filed the underlying SCPA 2103 proceeding seeking recovery of assets allegedly belonging to this decedent. Respondent filed an answer on January 30, 2013. Thereafter, respondent made the instant application seeking dismissal of the underlying proceeding. The application is opposed by petitioner.

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