Legislation

Search OpenLegislation Statutes
This entry was published on 2022-03-25
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 64
Effect
Civil Rights (CVR) CHAPTER 6, ARTICLE 6
§ 64. Effect. 1. If the order is entered, the petitioner shall be
known by the name which is thereby authorized to be assumed. If the
surname of a parent be changed as provided in this article, any minor
child of such parent at the time of such change may thereafter assume
such changed surname.

2. (a) If the petition states that the petitioner stands convicted of
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, the
clerk of the court in which the order has been entered shall deliver, by
first class mail, a copy of such certified order to the division of
criminal justice services at its office in the county of Albany and (b)
if the petition states that the petitioner is responsible for spousal
support or child support obligations pursuant to court order, upon
review of the petitioner's application for name change and subsequent
inquiry, the court shall order the petitioner to deliver, by first class
mail, the petitioner's new name with such certified order to the court
of competent jurisdiction which imposed the orders of support. If a
party to the order is receiving child support services pursuant to title
six-A of article three of the social services law, a copy shall be
mailed to the support collection unit of the applicable social services
district providing such services to a party. Such certification shall
appear on the original order and on any certified copy thereof and shall
be entered in the court's minutes of the proceeding.

3. A name change order or other government issued document or court
issued documentation of a name change shall be sufficient to change the
petitioner's name on any document or record issued or maintained by the
state of New York or any subdivision thereof, or any private entity,
including but not limited to, all school records for current and past
students, archival records and marriage certificates. This section shall
not apply when archival records cannot be accessed or when modifying
archival records is otherwise prohibited by law. Failure of a public or
private entity to comply with such a request may constitute a violation
of section two hundred ninety-six of the executive law, section forty-c
of this chapter and any applicable local non-discrimination law and may
be the basis for a complaint to the New York state division of human
rights and any other applicable enforcement entity.