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This entry was published on 2021-12-24
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Civil Rights (CVR) CHAPTER 6, ARTICLE 6
§ 62. Notice. 1. If the petition be to change the name of an infant,
notice of the time and place when and where the petition will be
presented must be served, in like manner as a notice of a motion upon an
attorney in an action, upon (a) both parents of the infant, if they be
living, unless the petition be made by one of the parents, in which case
notice must be served upon the other, if he or she be living, and (b)
the general guardian or guardian of the person, if there be one. But if
any of the persons, required to be given notice by this section, reside
without the state, then the notice required by this section must be sent
by registered mail to the last known address of the person to be served.
If it appears to the satisfaction of the court that a person required to
be given notice by this section cannot be located with due diligence
within the state, and that such person has no known address without the
state, then the court may dispense with notice or require notice to be
given to such persons and in such manner as the court thinks proper.

2. If the petition be to change the name of a person currently
confined as an incarcerated individual in any correctional facility or
currently under the supervision of the department of corrections and
community supervision or a county probation department as a result of a
conviction for a violent felony offense as defined in section 70.02 of
the penal law or a felony defined in article one hundred twenty-five of
such law or any of the following provisions of such law sections 130.25,
130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred
sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section
230.30 or 230.32, notice of the time and place when and where the
petition will be presented shall be served, in like manner as a notice
of a motion upon an attorney in an action, upon the district attorney of
every county in which such person has been convicted of such felony and
upon the court or courts in which the sentence for such felony was
entered. Unless a shorter period of time is ordered by the court, said
notice shall be served upon each such district attorney and court or
courts not less than sixty days prior to the date on which such petition
is noticed to be heard.

3. Except as provided in subdivisions one and two of this section, the
court shall not require any other pre-hearing notice. The court shall
not condition the entry of an order on notice to any other party or to
any city, state or federal agency except by written order detailing the
court's reasoning for requiring such notice and showing cause why such
notice should be served. Under no circumstances shall the court require
notice to United States immigration and customs enforcement, United
States customs and border protection, United States citizenship and
immigration services, or any successor agencies, or any agencies having
similar duties.

4. The court shall not request or require consent from any party other
than the petitioner, or in the case of a petitioner who does not have
capacity to consent, their legal representative, as a condition of
granting the name change or obtaining certified copies of the name
change order.