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Petitioner Robert Lalli was born out of wedlock to Mario Lalli who died intestate. Mario's widow denied Robert and his sister inheritance from Mario's estate. However, before his death, Mario had held both children out to be his own; this was substantiated by affidavits of people that knew Mario. A New York law allowed intestate succession by 'illegitimate' children provided proof of paternity. A father asserts paternity by a formal declaration during the mother's pregnancy or within two years of a child's birth. The Petitioner asserted that the law discriminates against him on the basis of illegitimacy in violation of the Fourteenth Amendment Equal Protection Clause. The Surrogate Court held against the Petitioner. The New York Court of Appeals twice affirmed. The U.S. Supreme Court affirmed.

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