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MATTER OF FRANCIS

9 Misc.3d 743 (2005)

803 N.Y.S.2d 380

In the Matter of the Estate of MICHAEL A. FRANCIS, Deceased.

Surrogate's Court, Bronx County.

August 24, 2005.

Attorney(s) appearing for the Case

Ronemus & Vilensky, LLP (Michael B. Ronemus of counsel), for petitioner.

Finz & Finz, P.C. (Dennis A. Breitner of counsel), for respondent.

OPINION OF THE COURT

LEE L. HOLZMAN, J.

The sole issue tried in this bench trial is whether, pursuant to EPTL 4-1.2 (a) (2) (C), J, born on February 26, 1994, D, born on October 22, 1995, and S, born on August 23, 1998, are entitled to inherit from the decedent as his nonmarital children. The petitioner is the mother of the children and the guardian of their property. The respondent, the decedent's spouse...

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