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MATTER OF SYLVESTER

2012-00727.

107 A.D.3d 903 (2013)

968 N.Y.S.2d 528

2013 NY Slip Op 4613

In the Matter of NICHOLAS SYLVESTER, Also Known as FELIX N. SYLVESTER, Deceased. SYLVIA SYLVESTER, Appellant. ELLEN EDWARDS, Respondent.

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

Decided June 19, 2013.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the petition for leave to file a late notice of election against the decedent's estate is granted.

The petitioner (hereinafter the surviving spouse) and the decedent were married for 49 years, until the decedent's death in November 2004. The decedent's last will and testament devised the marital residence to his paramour...

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