Legal Opinion

In re Estate of Poldrugovaz

Appellate Division of the Supreme Court of the State of New York

Decided February 5, 2008PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Skelos, J.

The issue on this appeal is presented in the context of a motion for pretrial disclosure: In a proceeding brought by a non-marital child to establish inheritance rights pursuant to EPTL 4-1.2 (a) (2) (C), what standard of proof is to be applied to a pretrial request for posthumous genetic marker testing? Today we hold that a court may grant a pretrial motion for posthumous genetic marker testing when the applicant provides some evidence that the decedent openly and notoriously acknowledged the nonmarital child as his own, and establishes that genetic marker…

2Cases cited44 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Addington v. TexasSupreme Court of the United States · 1979
  3. Weber v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1972
  4. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  5. Lalli v. LalliSupreme Court of the United States · 1978

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3Cited by15 opinions

  1. Thomas v. AstrueDistrict Court, S.D. New York · 2009
  2. Stavisky v. KooAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2010
  4. MacNeil v. BerryhillCourt of Appeals for the Second Circuit · 2017
  5. Dick v. Town of WappingerAppellate Division of the Supreme Court of the State of New York · 2009

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