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ESTATE OF FITZGERALD KENNELY, Deceased

ESTATE OF FITZGERALD KENNELY, Deceased (17/618/A) — This is a proceeding by the decedent's spouse seeking, inter alia, an order determining that the petitioner has a right election claim against the decedent's pension as a testamentary substitute pursuant to EPTL 5-1.1-A and directing payment of her share. It now appears that jurisdiction was obtained over necessary parties, including the decedent's only other distributees, his two sons, and the New York City Employees' Retirement System (NYCERS), and no opposition has been filed.

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ESTATE OF FITZGERALD KENNELY, Deceased (17/618/A) — This is a proceeding by the decedent’s spouse seeking, inter alia, an order determining that the petitioner has a right election claim against the decedent’s pension as a testamentary substitute pursuant to EPTL 5-1.1-A and directing payment of her share. It now appears that jurisdiction was obtained over necessary parties, including the decedent’s only other distributees, his two sons, and the New York City Employees’ Retirement System (NYCERS), and no opposition has been filed.

The decedent, who was a member of NYCERS, died intestate on August 13, 2016 survived by the petitioning spouse and the two sons. The notice of election was timely filed by the surviving spouse on May 1, 2017 (see EPTL 5-1.1-A [d] [1]); however, although the pension is a testamentary substitute pursuant provisions of EPTL 5-1.1-A (b) (1) (G), no indicia of proof is submitted as to the exact amount of the NYCERS benefits and the appropriate amount to be paid to the petitioner.

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