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In Matter of Goldstein (104 A.D.2d 616 [2d Dept 1984], lv denied 64 N.Y.2d 602, supra) the Court found it reasonable to change a daughter's name from the father's surname to the mother's maiden name, where the father himself had "abandoned" his own name and used a different name for social and business purposes.
Summary of this case from Matter of SakarisOpinion
September 12, 1984
Appeal from the Supreme Court, Westchester County (Ingrassia, J.).
Order affirmed, with costs. The stay of this court in this matter dated September 6, 1984, is hereby vacated.
Depriving a child of his or her father's surname is normally a far-reaching action (see Matter of Pollack, 2 A.D.2d 756). Applications for the change of an infant's surname are usually granted only where the natural father is guilty of misconduct, abandonment, or lack of support (see, e.g., Matter of Williams, 86 Misc.2d 87; Matter of Robinson, 74 Misc.2d 63; Matter of Fein, 51 Misc.2d 1012; Matter of Baldini, 17 Misc.2d 195; Matter of Wittlin, 61 N.Y.S.2d 726, 728). However, in the case at bar, the evidence presented shows that the father, David Goldstein, uses the name David Scott both in his business affairs and for social purposes. Thus, he has, at the very least, abandoned the surname "Goldstein" for these purposes. The petitioner mother uses both her maiden and married names (Frances Morgan Vieira). Therefore, compelling the infant, Kimberly, to retain the name "Goldstein" would result in embarrassment, harassment, and confusion in school and social contacts (see Matter of Robinson, supra, pp. 65-66). It would be in the best interest of the infant child for the petition to be granted ( Matter of Simon, 1 Misc.2d 177; Civil Rights Law, § 63). Accordingly, we affirm the granting of the petition to change the surname of the infant from Goldstein to Morgan. Thompson, J.P., Weinstein, Brown and Boyers, JJ., concur.