Ordered that the decree is affirmed, with costs payable by the appellant personally.
SCPA 1001, which sets forth the priority for the issuance of letters of administration, unequivocally provides that the surviving spouse has priority over all other distributees of the intestate (see SCPA 1001 [1] [a]). Accordingly, the Surrogate's Court properly denied the appellant's petition for the issuance of letters of administration and granted the cross petition of...
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