OPINION OF THE COURT
LEE L. HOLZMAN, J.
In this SCPA 1421 proceeding, the novel question presented is the impact of the decedent's obligation under a property settlement agreement (separation agreement) with his former wife to designate their daughter "as beneficiary of any pension/ retirement survivor benefits until her emancipation," upon his surviving spouse's right, pursuant to EPTL 5-1.1-A (b) (1) (G), to treat the pension "survivorship" benefits payable...
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