§ 64 — Effect

New York § 64

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

Text

§ 64. Effect. 1. If the order is entered, the petitioner shall be\nknown by the name which is thereby authorized to be assumed. If the\nsurname of a parent be changed as provided in this article, any minor\nchild of such parent at the time of such change may thereafter assume\nsuch changed surname.\n 2. (a) If the petition states that the petitioner stands convicted of\na violent felony offense as defined in section 70.02 of the penal law or\na felony defined in article one hundred twenty-five of such law or any\nof the following provisions of such law sections 130.25, 130.30, former\nsections 130.40 and 130.45, sections 255.25, 255.26, 255.27, article two\nhundred sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of\nsection 230.30 or 230.32, the clerk of the court in which the order has\nbeen entered shall deliver, by first class mail, a copy of such\ncertified order to the division of criminal justice services at its\noffice in the county of Albany and (b) if the petition states that the\npetitioner is responsible for spousal support or child support\nobligations pursuant to court order, upon review of the petitioner's\napplication for name change and subsequent inquiry, the court shall\norder the petitioner to deliver, by first class mail, the petitioner's\nnew name with such certified order to the court of competent\njurisdiction which imposed the orders of support. If a party to the\norder is receiving child support services pursuant to title six-A of\narticle three of the social services law, a copy shall be mailed to the\nsupport collection unit of the applicable social services district\nproviding such services to a party. Such certification shall appear on\nthe original order and on any certified copy thereof and shall be\nentered in the court's minutes of the proceeding.\n 3. A name change order or other government issued document or court\nissued documentation of a name change shall be sufficient to change the\npetitioner's name on any document or record issued or maintained by the\nstate of New York or any subdivision thereof, or any private entity,\nincluding but not limited to, all school records for current and past\nstudents, archival records and marriage certificates. This section shall\nnot apply when archival records cannot be accessed or when modifying\narchival records is otherwise prohibited by law. Failure of a public or\nprivate entity to comply with such a request may constitute a violation\nof section two hundred ninety-six of the executive law, section forty-c\nof this chapter and any applicable local non-discrimination law and may\nbe the basis for a complaint to the New York state division of human\nrights and any other applicable enforcement entity.\n