From Casetext: Smarter Legal Research

Matter of Pollack

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1956
2 A.D.2d 756 (N.Y. App. Div. 1956)

Opinion

July 2, 1956


In a proceeding pursuant to article 6 of the Civil Rights Law for an order changing the surname of an infant son from that of his father to that of his stepfather, the infant's father appeals from an order granting the application. Order reversed on the facts, without costs, and application denied, without costs. The record fails to show that the proposed change will be of any substantial benefit to the child (Civil Rights Law, § 63). It may be that circumstances will exist when this 10-year-old boy has reached a mature age which will justify the issuance of an order granting the proposed change of name. The father professes love and devotion for his offspring, promises to pay arrears and to resume regular payments for support of the child when permitted visitation and to otherwise demonstrate his affection for his first-born son. To deprive a son of his father's surname is a serious and far-reaching action.


Based on a finding that the interests of the 10-year-old infant will be substantially promoted by changing his surname from that of his natural father to that of his stepfather, Special Term granted the application on December 14, 1955. The evidence is sufficient to support that finding. On December 29, 1955 this court denied a stay of the order. The infant's name has been officially changed on his school and other pertinent records. To change his name back to that of his natural father at this time would result in harm rather than promotion of the infant's best interests. If I did not vote to affirm, I would vote to reverse the order and to remit the proceeding for hearing upon the disputed issues raised. Appellant asks no more.


Summaries of

Matter of Pollack

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1956
2 A.D.2d 756 (N.Y. App. Div. 1956)
Case details for

Matter of Pollack

Case Details

Full title:In the Matter of STUART C. POLLACK, an Infant. SEYMOUR POLLACK, Appellant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 2, 1956

Citations

2 A.D.2d 756 (N.Y. App. Div. 1956)

Citing Cases

Trevellian, Matter of v. Wilson

PRESENT: GOLIA, J.P., PESCE and RIOS, JJ. A court may change the name of an infant if it determines that "the…

Matter of Yessner

Better, says the petitioner, to change the infant's name and to blot out the memory of his father's crime…