In re the Estate of Conroy

Appeal from that part of an order of the Supreme Court (Conway, J.), entered October 29, 1986 in Albany County, which denied respondent’s motion to vacate a prior order permitting the disinterment of decedent’s body.

In 1984, decedent left petitioner, his wife of over 35 years, and moved in with respondent. At the time of his death from lung cancer in 1986, he was still living with respondent; although divorce proceedings had been commenced, decedent and petitioner were not divorced. Further, although decedent apparently contemplated writing a new will, he failed to do so and petitioner…