In re the Estate of Smith

opinion of the court

Bertram R. Gelfand, J.

In this proceeding seeking the issuance of letters of administration decedent died on September 5, 1980. Petitioner alleges that she is decedent’s nonmarital daughter and that she has the status of a distributee pursuant to the present provisions of EPTL 4-1.2. Objections to the issuance of letters to petitioner have been filed by decedent’s mother who contends that under the statute which should be applied to the facts this petitioner is not a distributee of decedent. A cross petition seeking letters of administration has been filed by a designee of…