Legal Opinion
In re Morningstar
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 2005PublishedCited by 7 opinions
1Opinion of the Court
Appeal from an order of the Surrogate’s Court, Erie County (Barbara Howe, S.), entered May 25, 2004 in a proceeding to establish heirs and intestate distributees of an estate. The order, insofar as appealed from, granted respondents’ motion to compel postmortem DNA testing pursuant to EPTL 4-1.2 (a) (2) (C).
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Petitioners, marital children of decedent and administrators of his estate, initiated this proceeding by filing a petition seeking a decree establishing the right…
2Cases cited4 opinions
- In re the Estate of BonannoNew York Surrogate's Court · 2002
- In re the Estate of ThayerNew York Surrogate's Court · 2003
- In re the Estate of SantosNew York Surrogate's Court · 2003
- In re the Application for a Decree Revoking Letters of Administration Granted to AndersonNew York Surrogate's Court · 2002
3Cited by7 opinions
- Thomas v. AstrueDistrict Court, S.D. New York · 2009
- In re Estate of PoldrugovazAppellate Division of the Supreme Court of the State of New York · 2008
- In re DavisAppellate Division of the Supreme Court of the State of New York · 2006
- In re the Estate of BetzAppellate Division of the Supreme Court of the State of New York · 2010
- In re the Estate of MorningstarAppellate Division of the Supreme Court of the State of New York · 2005
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