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IN THE MATTER OF WILLIAMS

No. 2008-2701

26 Misc.3d 680 (2009)

891 N.Y.S.2d 268

2009 NY Slip Op 29487

In the Matter of the Estate of JERMAINE MICHAEL WILLIAMS, Deceased.

Surrogate's Court, Bronx County.

December 3, 2009.

Attorney(s) appearing for the Case

Oshrie Zak, for Sandy C. Martinez, movant.

Marcel Florestal, for Jamal Williams, respondent.

OPINION OF THE COURT

LEE L. HOLZMAN, J.

The issue presented in this motion is whether the decedent's alleged posthumous nonmarital son is entitled to posthumous DNA testing, utilizing tissue already in the possession of the New York City Medical Examiner, in order to establish his right to inherit from the decedent under EPTL 4-1.2 (a) (2). This appears to be a case of first impression in that the request for testing is made on behalf of a posthumous child...

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