In re the Estate of Yengle

Respondent and decedent were married in August 1974. When decedent died intestate in March 2008, he and respondent had been living separately for approximately 10 years. Following the issuance of letters of administration to respondent, petitioner— decedent’s sister — commenced this proceeding to disqualify respondent as a surviving spouse and to remove her as administrator on the ground that she had abandoned decedent (see SCPA 711; EPTL 5-1.2 [a] [5]). After substantial discovery, respondent moved for summary judgment dismissing the petition and petitioner cross-moved for summary judgment…