In re the Estate of Rausch

William J. Regan, S.

In this proceeding for issuance of temporary letters of administration, petitioner seeks a determination that her husband, Robert E. Rausch, be presumed to have died as a result of his being exposed to a specific peril on April 16,1970, pursuant to provisions of EPTL 2-1.7 (subd. [a], par. [1]). The section provides that the death of a person will generally be presumed to have occurred upon his unexplained absence and upon the expiration of five years after the date such absence commenced. The petitioner invokes the use of paragraph (1) of subdivision (a) which provides…