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MATTER OF LEWIS

1170 CA 12-01605

114 A.D.3d 203 (2014)

978 N.Y.S.2d 527

2014 NY Slip Op 9

In the Matter of the Estate of ROBYN R. LEWIS, Deceased. JAMES ROBERT SIMMONS, Respondent; MEREDITH M. STEWART et al., Appellants. (Appeal No. 1.).

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

Decided January 3, 2014.

Attorney(s) appearing for the Case

Wittenburg Law Firm, LLC, Syracuse, D.J. & J.A. Cirando, Esqs. ( Elizabeth de V. Moeller of counsel), for appellants.

Menter, Rudin & Trivelpiece, P.C., Syracuse ( Julian B. Modesti of counsel), for respondent.

FAHEY, LINDLEY and VALENTINO, JJ., concur with SCUDDER, P.J.; PERADOTTO, J., dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

SCUDDER, P.J.

I

Robyn R. Lewis (decedent) was married to James A. Simmons (ex-husband), and they divorced in 2007. The parties resided in Texas during the course of the marriage, but they purchased property in Clayton, New York. Pursuant to the divorce decree entered in the State of Texas, decedent was awarded, inter alia, the real property located in Clayton. Decedent relocated permanently to that residence, and she lived...

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