Matter of Abraham
2011 NY Slip Op 00259 [80 AD3d 498]
January 18, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 9, 2011


In the Matter of the Estate of Raimund Johann Abraham, Deceased. Una Katrina Abraham, Respondent; Joan Waltemath, Appellant.

—[*1] Timothy O'Donnell, New York, for appellant.

Tane Waterman & Wurtzel, P.C., New York (Marcie Waterman Murray of counsel), for respondent.

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.

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 of Mott v Duncan Petroleum Trans., 51 NY2d 289, 292 [1980]; see also Godfrey v Spano, 13 NY3d 358, 378 [2009, Ciparick, J., concurring]). Concur—Gonzalez, P.J., Mazzarelli, Moskowitz, Acosta and RomÁn, JJ.