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MATTER OF GERNOLD

9 Misc.3d 427 (2005)

800 N.Y.S.2d 329

In the Matter of the Estate of ANN CAROL GERNOLD, Also Known as ANN C. GERNOLD, Deceased.

Surrogate's Court, Erie County.

July 19, 2005.

Attorney(s) appearing for the Case

Robert T. Koryl for petitioner.

Brown & Kelly, LLP (William D. Harrington of counsel), for respondent.

OPINION OF THE COURT

BARBARA HOWE, J.

Decedent died on October 6, 2003 in Orchard Park, New York. Letters testamentary were issued to respondent, her daughter Amy Susan Woodward, on December 31, 2003. By order to show cause filed December 20, 2004, petitioner, Mackson McDowall, seeks an order from this court enlarging the time within which he may file a right of election as decedent's alleged surviving spouse to...

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