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MATTER OF RICONDA

90 N.Y.2d 733 (1997)

688 N.E.2d 248

665 N.Y.S.2d 392

In the Matter of John Riconda, Deceased. John R. Riconda, Respondent; Alison Riconda, Appellant; Judy G. Riconda, Respondent.

Court of Appeals of the State of New York.

Decided November 25, 1997.

Attorney(s) appearing for the Case

Cahn Wishod & Lamb, L. L. P., Melville (Scott M. Karson of counsel), for appellant.

Schapiro & Reich, Lindenhurst (Steven M. Schapiro and Perry S. Reich of counsel), for Judy G. Riconda, respondent.

Chief Judge KAYE and Judges TITONE, SMITH, LEVINE, CIPARICK and WESLEY concur.

BELLACOSA, J.

This controversy is procedurally set in a proceeding to determine the validity of a claim against an estate (SCPA 1809). The issue is whether the former wife, Judy Riconda, is entitled to maintenance payable out of the estate of her deceased former spouse, during her lifetime or until her remarriage (see, Cohen v Cronin, 39 N.Y.2d 42).

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