MATTER OF ARROYO


273 A.D.2d 820 (2000)

710 N.Y.S.2d 492

In the Matter of the Estate of DORIAN ARROYO, Deceased. YOLANDA ARROYO, Respondent; ROBERTO ARROYO, Appellant.

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

Decided June 16, 2000.


Order unanimously affirmed without costs.

Memorandum:

The Surrogate properly excluded respondent from receiving any share of the settlement proceeds attributable to the wrongful death of his child. Pursuant to EPTL 4-1.4 (a), "No distributive share in the estate of a deceased child shall be allowed to a parent who has failed or refused to provide for, or has abandoned such child while such child is under the age of twenty-one years". Disqualification under...

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