In the Matter of the Estate of David Howansky, Deceased. Timothy Howansky, Appellant; David Howansky Jr. et al., Respondents, et al., Respondent.

Holding The appeal is dismissed as moot because the successor executor resigned and an independent fiduciary was appointed, rendering the challenge to the appointment without practical consequences. Additionally, the petitioner is not an aggrieved party regarding the will’s probate because he consented to its admission.

The court’s words

Our jurisdiction extends only to live controversies and, as such, an appeal will be considered moot unless an adjudication of the merits will result in immediate and practical consequences to the parties

2026 NY Slip Op 06604, at the official text

Since Howansky is no longer the executor and because an exception to the mootness doctrine does not apply here, adjudication of the merits will have no consequences to the parties

2026 NY Slip Op 06604, at the official text

we conclude that he is not an aggrieved party because he consented to the admission of decedent's will

2026 NY Slip Op 06604, at the official text