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MATTER OF COSENTINO

177 Misc.2d 629 (1998)

676 N.Y.S.2d 856

In the Matter of The Estate of Joseph Cosentino, an Absentee.

Surrogate's Court, Bronx County.

July 23, 1998

Attorney(s) appearing for the Case

Jerold W. Dorfman for Giovanna P. Cosentino, petitioner. Rocco Vignola for Louise S. Cosentino. Jay Scharf, guardian ad litem, for Joseph Cosentino. Joseph S. Garafola, guardian ad litem, for minor children.

LEE L. HOLZMAN, J.

Petitioner, the absentee's spouse, seeks a determination pursuant to EPTL 2-1.7 that the absentee died on July 17, 1994, the date of his disappearance, and the issuance of letters of administration to herself. The primary issue is whether the absentee is to be declared dead at or about the time that he disappeared or three years from that date.

A hearing was held in which the petitioner...

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