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MATTER OF MALAVASE

133 A.D.2d 759 (1987)

In the Matter of The Estate of Andrew Malavase, Jr., Deceased. Andrew S. Malavase, Sr., Respondent; Robert L. Ostertag, as Guardian ad Litem of Jason Michael S., Appellant

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

October 19, 1987

Ordered, that the decree is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Surrogate that the terms of EPTL 4-1.2 (a) (2) (C) should not be applied in this case. That clause was added to EPTL 4-1.2 by virtue of an amendment which was approved on April 21, 1981, and which became effective on September 1, 1981 (L 1981, ch 75, § 1). The decedent died on October 2, 1979.

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