In Re the Estate of Hornby

McCarthy, J.P.

Appeal from an order of the Surrogate’s Court of Schenectady County (Versaci, S.), entered January 21, 2015, which, among other things, granted petitioner’s application, in a proceeding pursuant to EPTL 5-1.1-A, for an order extending the time to file a right of election.

In October 2004, Nancy M. Hornby (hereinafter decedent) died as the result of a motor vehicle accident. In March 2005, Surrogate’s Court (Kramer, S.) admitted decedent’s will to probate and issued letters testamentary appointing respondent, decedent’s son, as the executor of decedent’s estate. In 2012, a…