Guarino v. Lesser

In an action brought pursuant to EPTL 4-*4251.2 (a) (2) (C), the plaintiffs appeal from an order of the Supreme Court, Kings County (Krausman, J.), dated April 14, 1989, which granted the defendants’ motion for summary judgment.

Ordered that the order is affirmed, without costs or disbursements.

It is undisputed that the decedent died prior to the effective date of the amendment to EPTL 4-1.2 which provides, inter alia, that children born out of wedlock are the legitimate children of their father for inheritance purposes. It is also undisputed that the plaintiffs, the decedent’s children out of…