Kraar v. New York City Department of Health

Appellate Division of the Supreme Court of New York

Kraar v. New York City Department of Health

118 A.D.3d 513, 987 N.Y.S.2d 146

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

DecidedJune 12, 2014

StatusPublished

This text of 118 A.D.3d 513 (Kraar v. New York City Department of Health) 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

Kraar v. New York City Department of Health, 118 A.D.3d 513, 987 N.Y.S.2d 146 (N.Y. Ct. App. 2014).

Pincite

Opinion

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered December 19, 2012, which granted the petition seeking to direct respondents to create, file and issue a birth certificate for petitioner’s deceased grandfather, unanimously reversed, on the law, without costs, the petition denied, and the proceeding brought pursuant to CPLR article 78 dismissed. The Clerk is directed to enter judgment accordingly.

New York City Health Code (24 RCNY) § 201.11 (c) prohibits, among other things, registering or issuing a delayed birth certificate for a deceased person. Although we understand why petitioner wanted to obtain the certificate, and agree that petitioner submitted adequate proof, there is no legal authority to grant her the requested certificate.

Concur — Acosta, J.P., DeGrasse, Richter, Manzanet-Daniels and Feinman, JJ.

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Order, Supreme Court, New York County (Joan B. Lobis, J.), entered December 19, 2012, which granted the petition seeking to direct respondents to create, file and issue a birth certificate for petitioner’s deceased grandfather, unanimously reversed, on the law, without costs, the petition denied, and the proceeding brought pursuant to CPLR article 78 dismissed. The Clerk is directed to enter judgment accordingly.

New York City Health Code (24 RCNY) § 201.11 (c) prohibits, among other things, registering or issuing a delayed birth certificate for a deceased person. Although we understand why petitioner wanted to obtain the certificate, and agree that petitioner submitted adequate proof, there is no legal authority to grant her the requested certificate.

Concur — Acosta, J.P., DeGrasse, Richter, Manzanet-Daniels and Feinman, JJ.

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Bluebook (online)

118 A.D.3d 513, 987 N.Y.S.2d 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kraar-v-new-york-city-department-of-health-nyappdiv-2014.