MATTER OF RODRIGUEZ


100 Misc.2d 983 (1979)

In the Matter of The Estate of Herbert Rodriguez, Deceased.

Surrogate's Court, Bronx County.

September 18, 1979


Attorney(s) appearing for the Case

Seymour Schneiderman for petitioner. Arthur Gruder for respondent.


BERTRAM R. GELFAND, S.

Petitioner, by dint of being the guardian of the property of decedent's and her nonmarital infant son, seeks letters of administration. Decedent's mother opposes the application on the ground that since the provisions of EPTL 4-1.2 preclude the infant from inheriting from decedent in the absence of a court of competent jurisdiction having entered an order of filiation declaring decedent's paternity of the infant, she, as

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