In re the Estate of Rivera

—In a proceeding to determine the validity of the exercise of a right of election against the decedent’s will, which was settled by stipulation, the appeal is from an order of the Surrogate’s Court, Queens County (Nahman, S.), dated August 29, 1996, which denied the appellant’s motion for a decree declaring that she is “the surviving wife of the decedent for all purposes”.

Ordered that the order is affirmed, with costs payable by the appellant personally.

Since the instant dispute over the distribution of the decedent’s property was settled by stipulation, there is no justiciable controversy…