Opinion
May 2, 1994
Appeal from the Surrogate's Court, Nassau County (Radigan S.).
Ordered that the decree is affirmed, without costs or disbursements.
Contrary to the appellant's contentions, we find that the record supports the Surrogate's determination disqualifying the appellant from exercising his right of election on the ground that he abandoned the decedent without justification or her consent (see, EPTL 5-1.2 [a] [5]; Matter of Bennett, 142 A.D.2d 578; Matter of Prince, 36 A.D.2d 946, affd 30 N.Y.2d 512; cf., Matter of Ruff, 91 A.D.2d 814). Moreover, the Surrogate properly found that the appellant was disqualified from exercising his right of election on the additional ground that he failed to provide support for the decedent until her death, although he had the means and ability to do so (see, EPTL 5-1.2 [a] [6]; Matter of Bennett, supra; Matter of Barc, 177 Misc. 578, affd 266 App. Div. 677). Thompson, J.P., Balletta, Pizzuto and Joy, JJ., concur.