Anglin, Matter of

• Decision Date: 26 June 1995
• Parties: In the Matter of Oscar Walford ANGLIN, deceased. Camille Anglin, Appellant, Roger O. Anglin, Respondent.
• Court: New York Supreme Court — Appellate Division

Page 580

628 N.Y.S.2d 580

216 A.D.2d 557

In the Matter of Oscar Walford ANGLIN, deceased. Camille Anglin, Appellant, Roger O. Anglin, Respondent.

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

June 26, 1995.

Newfield & Bress, New York City (Comer, Bress & Boynton, White Plains, N.Y. [Frank A. Bress] of counsel), for appellant.

Campbell Holder & Associates, New York City (Marcia Brathwaite, New York City [Heriberto Cabrero] of counsel), for respondent.

In a proceeding, inter alia, to revoke letters of administration, Camille Anglin appeals, as limited by her brief, from so much of a decree of the Surrogate's Court, Kings County (Bloom, S.), dated August 16, 1993, as, after a hearing, granted the petition to the extent of finding that the petitioner was the nonmarital child of the decedent.

ORDERED that the decree is affirmed insofar as appealed from, with costs payable by Camille Anglin personally.

The Surrogate's Court properly determined that the petitioner, Roger O. Anglin, established by clear and convincing evidence that he was the nonmarital child of the decedent and that the decedent "openly and notoriously" acknowledged the petitioner as his own (see, EPTL 4-1.2[a][2][C]. At the hearing, the petitioner provided testimonial evidence which established that the decedent made "oral declarations or acts from which an acknowledgement [of paternity] can be logically inferred" (Matter of Campbell, NYLJ, Mar. 7, 1984, at 11, col 2; see also, Matter of Rifkin, 177 A.D.2d 631, 576 N.Y.S.2d 796).

SULLIVAN, J.P., and O'BRIEN, ALTMAN and GOLDSTEIN, JJ., concur.