Havell v. Islam

Appellate Division of the Supreme Court of New York

Havell v. Islam

304 A.D.2d 347, 760 N.Y.S.2d 407, 2003 N.Y. App. Div. LEXIS 3544

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 3, 2003

StatusPublished

Cited by1 cases

This text of 304 A.D.2d 347 (Havell v. Islam) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Havell v. Islam, 304 A.D.2d 347, 760 N.Y.S.2d 407, 2003 N.Y. App. Div. LEXIS 3544 (N.Y. Ct. App. 2003).

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Opinion

Order, Supreme Court, New York County (Jacqueline Silbermann, J.), entered March 18, [348]*3482002, which granted the application of petitioner-respondent Theresa Havell for an order changing the names of her infant children, unanimously affirmed, with costs.

The record establishes to the satisfaction of this Court that the requirements of Civil Rights Law § 63 have been met: the petition is true; there is no reasonable objection to the change of name proposed; and the interests of the infants will be substantially promoted by the change. It is well documented that appellant Aftab Islam committed a brutal assault against his former wife, to which three of the minors were witness. Appellant has no absolute right to perpetuate his name in his children, whereas the welfare of the children will be substantially promoted by dissociation from the “shame and disgrace of [their] father’s crime” (Matter of Yessner, 61 Misc 2d 174, 176 [1969]). The children’s two older siblings have changed their surnames from Islam to McNerney and, as a result of this order, all of the family’s six children now bear the same last name, thus eliminating the potential for confusion or ridicule (Matter of Learn v Haskell, 194 AD2d 859, 860 [1993]). Concur — Mazzarelli, J.P., Sullivan, Lerner, Friedman and Gonzalez, JJ.

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Order, Supreme Court, New York County (Jacqueline Silbermann, J.), entered March 18, [348]*3482002, which granted the application of petitioner-respondent Theresa Havell for an order changing the names of her infant children, unanimously affirmed, with costs.

The record establishes to the satisfaction of this Court that the requirements of Civil Rights Law § 63 have been met: the petition is true; there is no reasonable objection to the change of name proposed; and the interests of the infants will be substantially promoted by the change. It is well documented that appellant Aftab Islam committed a brutal assault against his former wife, to which three of the minors were witness. Appellant has no absolute right to perpetuate his name in his children, whereas the welfare of the children will be substantially promoted by dissociation from the “shame and disgrace of [their] father’s crime” (Matter of Yessner, 61 Misc 2d 174, 176 [1969]). The children’s two older siblings have changed their surnames from Islam to McNerney and, as a result of this order, all of the family’s six children now bear the same last name, thus eliminating the potential for confusion or ridicule (Matter of Learn v Haskell, 194 AD2d 859, 860 [1993]). Concur — Mazzarelli, J.P., Sullivan, Lerner, Friedman and Gonzalez, JJ.

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Bluebook (online)

304 A.D.2d 347, 760 N.Y.S.2d 407, 2003 N.Y. App. Div. LEXIS 3544, Counsel Stack Legal Research, https://law.counselstack.com/opinion/havell-v-islam-nyappdiv-2003.

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