MATTER OF MANCUSO


281 A.D.2d 874 (2001)

722 N.Y.S.2d 651

In the Matter of the Estate of LINDA J. MANCUSO, Deceased, Respondent. DAVID F. MANCUSO, Appellant. (Appeal No. 1.)

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

Decided March 21, 2001.


Order unanimously reversed on the law without costs, motion denied and application reinstated.

Memorandum:

Petitioner and Linda J. Mancuso (decedent) were married in 1985 and separated in 1994. Upon the death of decedent in 1997, her will was admitted to probate. Petitioner, who was disinherited, filed an application to have Surrogate's Court determine his right to elect against the will. Respondent, decedent's estate, moved for summary judgment dismissing...

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