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MATTER OF SMITH

204 A.D.2d 336 (1994)

611 N.Y.S.2d 280

In the Matter of Catherine A. Smith, Deceased. Ann M. Morgan, Respondent; Edward F. Smith, Appellant

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

May 2, 1994

Ordered that the decree is affirmed, without costs or disbursements.

Contrary to the appellant's contentions, we find that the record supports the Surrogate's determination disqualifying the appellant from exercising his right of election on the ground that he abandoned the decedent without justification or her consent (see, EPTL 5-1.2 [a] [5]; Matter of Bennett, 142 A.D.2d 578; Matter of Prince,

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