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New York County, Surrogate's Court

Decision & Orders and Decrees & Orders decided between:December 7 and January 25, 2023

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Decision & Order decided on: December 7 and January 25, 2023 Surrogate Mella

ESTATE OF DOLORES ORMANDY NEUMANN, Deceased (16-4105/A) — At the call of the calendar on October 14, 2022, the court denied the motion for summary judgment by Hubert Neumann (Hubert) that sought to dismiss the SCPA 1421 proceeding against him seeking to invalidate his notice of election (see EPTL 5-1.1-A). This proceeding was commenced by his daughter, Belinda Neumann Donnelly (Belinda), as preliminary executor of the estate of decedent Dolores Ormandy Neumann, her mother. Petitioner claims that Hubert is disqualified from electing as surviving spouse pursuant to EPTL 5-1.2(a)(5) and (6) because he abandoned and failed to support decedent after he left their marital residence during the last 27 years of their 62-year marriage.

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