IN THE MATTER OF DAVIS v. DAVIS


56 A.D.3d 553 (2008)

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

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

November 12, 2008.


Ordered that the order is reversed, on the law, with costs payable by the petitioner personally, and the matter is remitted to the Surrogate's Court, Kings County, for a hearing on the issue of whether the decedent openly and notoriously acknowledged the petitioner as his son and for a new determination of.(1) the petitioner's motion for leave to renew his prior motion, inter alia, to direct the New York City Medical Examiner to provide biological material of the decedent...

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