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IN THE MATTER OF ESTATE OF BALL

24 A.D.3d 1062 (2005)

807 N.Y.S.2d 163

In the Matter of the Estate of LUKAS N. BALL, Deceased. ANGELA BALL, Respondent; JAMES L. HARRIS, Appellant. (And Another Related Proceeding.)

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

December 22, 2005.

PETERS, J.

Petitioner and respondent are the nonmarital parents of decedent (born in June 2001) who died in February 2003 while in daycare. Both parents applied for limited letters of administration to commence a wrongful death action. Petitioner objected to respondent's petition alleging, among other things, that he should be disqualified from taking an intestate share of decedent's estate either because of his abandonment of the child or his failure to provide him...

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