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MATTER OF MARUCCIA

78 A.D.2d 321 (1981)

In the Matter of The Estate of Alfred J. Maruccia, Deceased. Ethelyn Maruccia et al., Appellants; Dorothy Costa et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

January 8, 1981

Attorney(s) appearing for the Case

William S. Ellis of counsel (Ellis, Stringfellow, Patton & Leibovitz, attorneys), for appellants.

Robert Markewich of counsel (James Proud and Markewich Rosenhaus Markewich & Friedman, P. C., attorneys), for appellant.

Howard Bindelglass of counsel (Kim E. Baptiste with him on the brief; Marshall, Bratter, Greene, Allison & Tucker, attorneys), for Dorothy Costa, respondent.

Asher Marcus of counsel (Peter James Johnson and Roy F. Scaffidi with him on the brief; Leahey & Johnson, P. C., attorneys), for Laura Maruccia and another, respondents.

KUPFERMAN, J. P. SILVERMAN, BLOOM and CARRO, JJ., concur.

BIRNS, J.

The sole issue on this appeal is whether the provisions of the decedent's separation agreement with Ethelyn, his second wife, are "wholly inconsistent" with the provisions of his will in her favor so as to work a revocation of those testamentary provisions under EPTL 3-4.3.

Decedent's first marriage to Laura Maruccia ended in divorce. They had had two children, Barbara and Dorothy. Decedent...

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