Pursuant to Domestic Relations Law § 24, if a mother and father enter into a civil or religious marriage after the birth of their child, the child is legitimated for all purposes of New York law, even if the marriage is void or voidable (§ 24[1]). Therefore, such child automatically becomes a distributee of both birth parents, without any need to satisfy one of the paternity tests set forth in section 4-1.2(a)(2) of the EPTL (see Matter of VanNostrand,
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TIWARY v. TIWARY
304433/15. Appeal No. 12616-12617N. Case No. 2019-5671. 2020-02665N.
189 A.D.3d 518 (2020)
139 N.Y.S.3d 132
2020 NY Slip Op 07479
Mark Anthony Tiwary, Respondent-Appellant, v. Yosef Tiwary et al., Defendants, and Bozhena Basmanov, Appellant-Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 10, 2020.
Decided December 10, 2020.
Attorney(s) appearing for the Case
Fidelity National Law Group, New York ( Joyce A. Davis of counsel), for appellant-respondent.
Pollack, Pollack, Isaac & DeCicco, New York ( Brian J. Isaac of counsel), for respondent-appellant.
Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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