Opinion
No. 4068.
January 18, 2011.
Order, Surrogate's Court, New York County (Kristin Booth Glen, S.), entered on or about June 7, 2010, which granted the petition for letters of administration, unanimously affirmed, without costs.
Timothy O'Donnell, New York, for appellant.
Tane Waterman Wurtzel, P.C., New York (Marcie Waterman Murray of counsel), for respondent.
Before: Gonzalez, P.J., Mazzarelli, Moskowitz, Acosta and Roman, JJ.
Even if objectant could prove that she was the deceased's concubine under the law of Oaxaca, Mexico, her relationship with the deceased would not be recognized as a marriage in New York because concubinage is not considered marriage in Oaxaca ( see Van Voorhis v Brintnall, 86 NY 18, 25 [1881]; Matter ofMott v Duncan Petroleum Trans., 51 NY2d 289, 292; see also Godfrey v Spano, 13 NY3d 358, 378 [2009, Ciparick, J., concurring]).