MATTER OF LANDOLFI, SR.


283 A.D.2d 497 (2001)

724 N.Y.S.2d 470

In the Matter of the Estate of RALPH LANDOLFI, SR., Deceased. EDITH LANDOLFI, Also Known as EDITH SHEARER, Appellant; RALPH LANDOLFI, JR., Respondent.

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

Decided May 14, 2001.


Ordered that the decree is affirmed, with costs payable by the appellant personally.

The petitioner, Edith Landolfi, a/k/a Edith Shearer, filed a notice of election to take against the decedent's estate pursuant to EPTL 5-1.1-A and commenced the instant proceeding pursuant to SCPA 1421 for a decree determining her right of election as the decedent's surviving spouse. The petitioner and the decedent lived together in Brooklyn for 26 years after their respective spouses...

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