Ordered that the decree is affirmed insofar as appealed from, with costs payable by the appellant personally.
Contrary to the petitioner's contention, the Surrogate correctly determined that the decedent died prior to the entry of a final judgment of divorce, and that the objectant Linda Ferrara Forgione is thus the decedent's surviving spouse (see, EPTL 5-1.2). Where, as here, a decedent dies during the pendency of a divorce action, the action abates because...
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