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MATTER OF COOPER

187 A.D.2d 128 (1993)

In the Matter of The Estate of William T. Cooper, Deceased. Ernest Chin, Appellant; Regina V. Kelly, as Executrix of William T. Cooper, Deceased, Respondent

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

February 1, 1993

Attorney(s) appearing for the Case

Bradley B. Davis, New York City, for appellant.

Ethel Fitzgerald, Brooklyn, for respondent.

Robert Abrams, Attorney-General, New York City (Lawrence S. Kahn of counsel), in his statutory capacity under Executive Law § 71. (No brief filed.)

Judith E. Schaeffer, Washington, D.C., and Evan Wolfson, New York City, for Lambda Legal Defense and Education Fund, Inc., amicus curiae.

BRACKEN, SULLIVAN and BALLETTA, JJ., concur.

MANGANO, P. J.

The question to be resolved on this appeal is whether the survivor of a homosexual relationship, alleged to be a "spousal relationship", is entitled to a right of election against the decedent's will, pursuant to EPTL 5-1.1. In our view, the question must be answered in the negative.

I

William Thomas Cooper died on February 19, 1988. The decedent died testate, leaving everything...

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