| Matter of Birney, Luella Lillian |
| Motion No: 2009-11362 |
| Slip Opinion No: 2010 NY Slip Op 70311(U) |
| Decided on May 4, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M102296
S/sl
A. GAIL PRUDENTI, P.J.
STEVEN W. FISHER
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2009-11362, 2009-11363
In the Matter of Luella Lillian Birney, petitioner.
| DECISION & ORDER ON APPLICATION |
Applications by the petitioner pursuant to CPLR 5704(a), (1) to review a determination of the Supreme Court, Kings County (Steinhardt, J.), in effect, denying her ex parte application to adopt a new name and to assume the legal status of a male and (2), in effect, to modify so much of an order of the Supreme Court, Kings County (Dabiri, J.), dated November 10, 2009, as denied that branch of her ex parte application which was to assume the legal status of a male.
ORDERED that the application to review the determination, in effect, denying the petitioner's ex parte application to adopt a new name and to assume the legal status of a male is dismissed, as that determination was superseded by the order dated November 10, 2009; and it is further,
ORDERED that the application to modify so much of the order dated November 10, 2009, as denied that branch of the petitioner's ex parte application which was to assume the legal status of a male is denied.
In its order dated November 10, 2009, the Supreme Court, while granting that branch of the petitioner's ex parte application which was to adopt a new name, properly denied that branch of the application which was to assume the legal status of a male. Article 6 of the Civil Rights Law, which governs petitions for leave to assume another name, provides no basis for granting the further relief of leave to assume a different gender for legal purposes (see Matter of Golden, 56 AD3d 1109, 1111; Matter of Winn-Ritzenberg, 26 Misc 3d 1, 3; Matter of Guido, 1 Misc 3d 825, 828). To obtain such further relief, the petitioner must make an application to the Department of Health and Mental Hygiene of the City of New York (see New York City Health Code [24 RCNY] § 207.05[a][5]).
PRUDENTI, P.J., FISHER, ROMAN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court