N.Y. Civil Rights Law 64 – Effect
§ 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.
Terms Used In N.Y. Civil Rights Law 64
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
* 2. (a) If the petition states that the petitioner stands convicted of a violent felony offense as defined in § 70.02 of the penal law or a felony defined in Article 125 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 3 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.
* NB Effective until September 1, 2024
* 2. (a) If the petition states that the petitioner stands convicted of a violent felony offense as defined in § 70.02 of the penal law or a felony defined in Article 125 of the following provisions of such law sections 130.25, 130.30, former sections 130.40 and 130.45, sections 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 3 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.
* NB Effective September 1, 2024
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 § 296 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.