Mercado v. Townsend

Appellate Division of the Supreme Court of New York

Mercado v. Townsend

225 A.D.2d 555, 638 N.Y.2d 762, 638 N.Y.S.2d 762, 1996 N.Y. App. Div. LEXIS 1950

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

DecidedMarch 4, 1996

StatusPublished

Cited by6 cases

This text of 225 A.D.2d 555 (Mercado v. Townsend) 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

Mercado v. Townsend, 225 A.D.2d 555, 638 N.Y.2d 762, 638 N.Y.S.2d 762, 1996 N.Y. App. Div. LEXIS 1950 (N.Y. Ct. App. 1996).

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Opinion

Contrary to the Supreme Court’s determination, the father of the infant born out of wedlock has failed to establish that the infant’s interests will be substantially promoted by changing the infant’s surname to his (see, Civil Rights Law § 63). [556]*556There is also a reasonable objection to the change. Since the infant has had his surname for five years and shares his name with his mother and half-brother with whom he lives and will attend school, the retention of his surname might minimize embarrassment, harassment, and confusion in school and social contacts (see generally, Matter of Shawn Scott C., 134 AD2d 345; Matter of Learn v Haskell, 194 AD2d 859, 860). Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.

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Contrary to the Supreme Court’s determination, the father of the infant born out of wedlock has failed to establish that the infant’s interests will be substantially promoted by changing the infant’s surname to his (see, Civil Rights Law § 63). [556]*556There is also a reasonable objection to the change. Since the infant has had his surname for five years and shares his name with his mother and half-brother with whom he lives and will attend school, the retention of his surname might minimize embarrassment, harassment, and confusion in school and social contacts (see generally, Matter of Shawn Scott C., 134 AD2d 345; Matter of Learn v Haskell, 194 AD2d 859, 860). Balletta, J. P., O’Brien, Ritter, Pizzuto and Altman, JJ., concur.

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Bluebook (online)

225 A.D.2d 555, 638 N.Y.2d 762, 638 N.Y.S.2d 762, 1996 N.Y. App. Div. LEXIS 1950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mercado-v-townsend-nyappdiv-1996.

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