(dissenting). I respectfully dissent and would reverse the order, deny the motion, reinstate the objections and remit the matter to Surrogate’s Court for a hearing. In my view, petitioner failed to meet his initial burden on his motion for summary judgment (cf. Matter of Palma, 40 AD3d 1157, 1158-1159 [2007]; see generally Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Present — Scudder, PJ., Fahey, Garni, Valentino and Martoche, JJ.