ON BEHALF OF Justice John M. Leventhal and Diana Fabi Samson ESQ. OF AIDALA, BERTUNA & KAMINS, PC
RESULTS! Another appellate victory
ABK’s civil appellate team has secured another appellate victory, obtaining a reversal of a Putnam County Surrogate’s Court decision that disqualified our client, the decedent’s surviving wife, from receiving letters of administration on the ground that she had abandoned the marriage.
On appeal, ABK successfully demonstrated that the Surrogate’s Court erred in finding that our client had abandoned the marriage and in denying her statutory priority under the Surrogate’s Court Procedure Act. Under the SCPA, a surviving spouse has priority over other distributees in receiving letters of administration in an intestate estate. ABK established that our client was entitled to that priority by demonstrating that she married the decedent in 2006 and remained legally married to him at the time of his death.
Former Appellate Division Associate Justice John M. Leventhal argued the appeal. Diana Fabi Samson and Justice Leventhal jointly authored the successful appellate brief.
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