Opinion
June 26, 1995
Appeal from the Surrogate's Court, Kings County (Bloom, S.).
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" (Estate of Campbell, NYLJ, Mar. 7, 1984, at 11, col 2; see also, Matter of Rifkin, 177 A.D.2d 631). Sullivan, J.P., O'Brien, Altman and Goldstein, JJ., concur.