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MATTER OF McDONALD

276 A.D.2d 631 (2000)

716 N.Y.S.2d 312

In the Matter of the Estate of HERBERT McDONALD, Deceased. JAMES PELLMAN, Appellant; TROY L. GURGANIOUS, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 16, 2000.

Ordered that the decree is affirmed, with costs payable by the petitioner personally.

As the Surrogate's Court properly noted, the petitioner failed to submit legally admissible evidence to support his claim that the marriage at issue was bigamous (see, CPLR 4521, 4540 [c]), and failed to rebut the strong presumption favoring the validity of that marriage (see, Metropolitan Life Ins. Co. v Jackson, 896 F.Supp. 318

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