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MATTER OF LEYTON

16539, 4842/13A/B

135 A.D.3d 418 (2016)

22 N.Y.S.3d 422

2016 NY Slip Op 00020

In the Matter of the Estate of MAURICIO LEYTON, Deceased. ANA MARIA LEYTON LATORRE et al., Appellants, v. DAVID HUNTER, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 5, 2016.

The Supreme Court's recognition of same-sex couples' fundamental right to marry in Obergefell v Hodges (576 US ___, 135 S.Ct. 2584 [2015]) does not compel a retroactive declaration that the "Commitment Ceremony" entered into by decedent and Hunter in 2002, when same-sex marriage was not recognized under New York law, was a legally valid marriage for purposes of the "former spouse" provisions of EPTL 5-1.4. Even assuming that decedent...

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