Opinion
February 6, 1989
Appeal from the Surrogate's Court, Rockland County (Weiner, S.).
Ordered that the order is affirmed, without costs or disbursement.
The appellant surviving spouse has failed to proffer any evidence of fraud by the decedent regarding the antenuptial agreement. Hence, the Surrogate properly dismissed her notice of election as barred by the waiver of the right of election in the agreement pursuant to EPTL 5-1.1. Mangano, J.P., Bracken, Eiber, Spatt and Sullivan, JJ., concur.