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This entry was published on 2024-09-06
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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, 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 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.