In Matter of Morningstar, 17 AD3d 1060 [2005]) the Appellate Division, Fourth Department, held that alleged nonmarital children were entitled to posthumous DNA testing to establish their inheritance rights under EPTL 4-1.2 (a) (2) (C). Furthermore, that court held that even though the DNA testing would establish only the paternity prong of clause (C), and that to prevail at the trial the nonmarital children would have to establish both paternity and show an open and notorious acknowledgment, "there is no basis in the language of the statute ... for requiring them to demonstrate first that decedent openly and notoriously acknowledged them as his children before DNA testing may proceed" at the pretrial stage of the proceeding (id. at 1060-1061).