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MATTER OF SHUMAVON

260 A.D.2d 140 (1999)

701 N.Y.S.2d 84

In the Matter of the Estate of DOROTHY SHUMAVON, Also Known as DOROTHY E. SHUMAVON, Deceased. MINDY J. TREPEL, Respondent; FRANK HART et al., Appellants, and MURIEL S. CLEGG et al., Respondents.

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

December 13, 1999.

Attorney(s) appearing for the Case

Kurzman & Eisenberg, L. L. P., White Plains (Guy R. Fairstein of counsel), for appellants.

Gerard J. Sweeney, Sunnyside (John W. Steigler of counsel), for respondent.

Louis M. Laurino, Garden City, guardian ad litem, respondent.

SULLIVAN and McGINITY, JJ., concur with BRACKEN, J. P.; ALTMAN, J., concurs in part and dissents in part in a separate opinion.

OPINION OF THE COURT

BRACKEN, J. P.

The decedent in this case was not survived by a spouse, or by issue, or by a parent, or by issue of a parent, or by grandparents. We agree with the Surrogate that, because the decedent was survived by first cousins, the first cousins once removed of the decedent are not distributees of the decedent's estate. We are led to this conclusion by the provisions of EPTL 4-1.1 (a) (6) which, unlike our dissenting colleague, we...

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