MATTER OF POLDRUGOVAZ


50 A.D.3d 117 (2008)

851 N.Y.S.2d 254

In the Matter of the Estate of GEORGE POLDRUGOVAZ, Deceased. KIM M. REGO, Respondent; WILLIAM POLDRUGOVAZ, Appellant.

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

February 5, 2008.


Attorney(s) appearing for the Case

Philip F. Alba, P.C., West Islip (Joseph C. Leshen of counsel), for appellant.

John M. Bigler, Wantagh, for respondent.

SPOLZINO, J.P., FISHER and DICKERSON, JJ., concur.


OPINION OF THE COURT

SKELOS, J.

The issue on this appeal is presented in the context of a motion for pretrial disclosure: In a proceeding brought by a nonmarital child to establish inheritance rights pursuant to EPTL 4-1.2 (a) (2) (C), what standard of proof is to be applied to a pretrial request for posthumous genetic marker testing? Today we hold that a court may grant a pretrial motion for posthumous genetic marker testing when the applicant provides...

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