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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