Matter of Ranftle
2014 NY Slip Op 02102 [22 NY3d 1146]
March 27, 2014
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 7, 2014


[*1]
In the Matter of H. Kenneth Ranftle, Also Known as Howard Kenneth Rantfle, Jr., and Another, Deceased. Ronald J. Ranftle, Appellant; J. Craig Leiby, Respondent.

Decided March 27, 2014

Matter of Ranftle, 108 AD3d 437, affirmed.

APPEARANCES OF COUNSEL

Law Offices of Nicholas A. Penkovsky, P.C., Riverdale (Nicholas A. Penkovsky of counsel), for appellant.

Lambda Legal Defense and Education Fund, New York City (Susan L. Sommer and Keith Hammeran of counsel), and Weiss, Buell & Bell (Erica Bell of counsel) for respondent.

{**22 NY3d at 1146} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question not answered upon the ground that it is unnecessary. The affirmed findings of fact regarding decedent's change of domicile, made under the proper evidentiary standard, have support in the record and are beyond our further review.

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott and Rivera. Taking no part: Judge Abdus-Salaam.