NYers in Gay Marriage Can Inherit as Spouse: Court

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02/25/2011

"A survivor of a same-sex marriage can inherit as a spouse, an appeals court said Thursday in a ruling a gay-rights legal group called the first appellate decision of its kind in New York.

"While same-sex couples can't wed in the state, J. Craig Leiby and H. Kenneth Ranftle were legally married in Canada, so Leiby is entitled to recognition as the surviving spouse in a dispute over Ranftle's estate, the appellate judges said in upholding a lower court's decision.

"...The Leiby case marks the first time a New York appeals court has afforded recognition to same-sex spouses for inheritance purposes, said Susan Sommer, senior counsel for the gay rights advocacy organization Lambda Legal. The group represented Leiby.

Read more on nbcnewyork.com