In re the Estate of Gernold

OPINION OF THE COURT

Barbara Howe, J.

Decedent died on October 6, 2003 in Orchard Park, New York. Letters testamentary were issued to respondent, her daughter Amy Susan Woodward, on December 31, 2003. By order to show cause filed December 20, 2004, petitioner, Mackson McDowall, *428seeks an order from this court enlarging the time within which he may file a right of election as decedent’s alleged surviving spouse to take against her last will and testament. Respondent opposes the application.

Decedent’s will, dated April 14, 2003, leaves her entire estate to be divided equally among her four…