MATTER OF DAVIS


27 A.D.3d 124 (2006)

812 N.Y.S.2d 543

In the Matter of JAMES E. DAVIS, Deceased. KENYAN G. PENCEAL, Respondent; THELMA DAVIS, as Administratrix of the Estate of JAMES E. DAVIS, Deceased, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 24, 2006.


Attorney(s) appearing for the Case

Law Office of Harry Kresky, New York City, for appellant.

Derek P. McDowell, Brooklyn, for respondent.

COZIER, J.P., RITTER and LIFSON, JJ., concur.


OPINION OF THE COURT

GOLDSTEIN, J.

The petitioner, Kenyan G. Penceal, claims to be the nonmarital child of James E. Davis, who died intestate on July 23, 2003. At issue here is whether he is entitled to disclosure of biological material of the decedent to conduct genetic marker testing, commonly known as DNA testing, to support his claim.

On March 26, 2004, the petitioner commenced the instant proceeding...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases