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ESTATE OF JOAN E. LEVEY, Deceased

ESTATE OF JOAN E. LEVEY, Deceased (12/4371) — In this contested probate proceeding, an instrument dated May 12, 2005 has been offered for probate as the last will and testament of the above named decedent. Objections have been filed to the probate of the propounded instrument by John Hanrahan as administrator of the estate of Ann T. Hanrahan ("Hanrahan" or "objectant"), decedent's postdeceased sister. Decedent died on September 30, 2012 and her last will and testament was thereafter offered for probate by LuAnn Leno and James Levey ("petitioners" or "movants"), the co-executors nominated therein. Ann T. Hanrahan died on June 1, 2013 and objections were filed by Hanrahan on October 29, 2013.

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ESTATE OF JOAN E. LEVEY, Deceased (12/4371) — In this contested probate proceeding, an instrument dated May 12, 2005 has been offered for probate as the last will and testament of the above named decedent. Objections have been filed to the probate of the propounded instrument by John Hanrahan as administrator of the estate of Ann T. Hanrahan (“Hanrahan” or “objectant”), decedent’s postdeceased sister. Decedent died on September 30, 2012 and her last will and testament was thereafter offered for probate by LuAnn Leno and James Levey (“petitioners” or “movants”), the co-executors nominated therein. Ann T. Hanrahan died on June 1, 2013 and objections were filed by Hanrahan on October 29, 2013.

Petitioners now move pursuant to CPLR 3212 for an order granting summary judgment and dismissing the objections to probate filed by Hanrahan. Petitioners also request that the testimony of one of the attesting witnesses, who currently resides in Maine, be dispensed with and that probate be granted. An “Affirmation in Opposition” to this motion has been filed by Hanrahan’s counsel.

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