§ 62 — Notice

New York § 62

• Jurisdiction: New York
• Law CVR: Civil Rights
• Art. 6: Change of Name

Text

§ 62. Notice. 1. If the petition be to change the name of an infant,\nnotice of the time and place when and where the petition will be\npresented must be served, in like manner as a notice of a motion upon an\nattorney in an action, upon (a) both parents of the infant, if they be\nliving, unless the petition be made by one of the parents, in which case\nnotice must be served upon the other, if he or she be living, and (b)\nthe general guardian or guardian of the person, if there be one. But if\nany of the persons, required to be given notice by this section, reside\nwithout the state, then the notice required by this section must be sent\nby registered mail to the last known address of the person to be served.\nIf it appears to the satisfaction of the court that a person required to\nbe given notice by this section cannot be located with due diligence\nwithin the state, and that such person has no known address without the\nstate, then the court may dispense with notice or require notice to be\ngiven to such persons and in such manner as the court thinks proper.\n 2. If the petition be to change the name of a person currently\nconfined as an incarcerated individual in any correctional facility or\ncurrently under the supervision of the department of corrections and\ncommunity supervision or a county probation department as a result of a\nconviction for a violent felony offense as defined in section 70.02 of\nthe penal law or a felony defined in article one hundred twenty-five of\nsuch law or any of the following provisions of such law sections 130.25,\n130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred\nsixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section\n230.30 or 230.32, notice of the time and place when and where the\npetition will be presented shall be served, in like manner as a notice\nof a motion upon an attorney in an action, upon the district attorney of\nevery county in which such person has been convicted of such felony and\nupon the court or courts in which the sentence for such felony was\nentered. Unless a shorter period of time is ordered by the court, said\nnotice shall be served upon each such district attorney and court or\ncourts not less than sixty days prior to the date on which such petition\nis noticed to be heard.\n 3. Except as provided in subdivisions one and two of this section, the\ncourt shall not require any other pre-hearing notice. Under no\ncircumstances shall the court require notice to United States\nimmigration and customs enforcement, United States customs and border\nprotection, United States citizenship and immigration services, or any\nsuccessor agencies, or any agencies having similar duties.\n 4. Except for applications in family court pursuant to section sixty\nof this article, the court shall not request or require consent from any\nparty other than the petitioner, or in the case of a petitioner who does\nnot have capacity to consent, their legal representative, as a condition\nof granting the name change or obtaining certified copies of the name\nchange order.\n