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MATTER OF ROSENTHAL v. KELLY

275 A.D.2d 429 (2000)

713 N.Y.S.2d 128

In the Matter of PHILIP ROSENTHAL, Appellant, v. ANN M. KELLY et al., Respondents, and PHILIP SIMON et al., Respondents.

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

Decided August 23, 2000.

Ordered that the final order is affirmed, without costs or disbursements.

The petitioner alleged that the respondent Philip Simon abandoned his domicile in the Village of Spring Valley, and therefore his position as a Trustee in the Village of Spring Valley became vacant.

"For a change to a new domicile to be effected, there must be a union of residence in fact and an `absolute and fixed intention' to abandon the former and make the new locality a fixed and...

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