| Matter of Saha |
| 2014 NY Slip Op 50748(U) [43 Misc 3d 1222(A)] |
| Decided on May 12, 2014 |
| Supreme Court, Dutchess County |
| Pagones, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
In the Matter of
the Application of Shilpi Saha, Petitioner, For Leave to Change Her Name to Shilpi
Chattopadhyay.
|
Petitioner moves for an order to change her name.
The following papers were read:
Petition-Color Copy of Permanent Resident Card-1-3
Color Copy of Passport
Upon review of the foregoing papers, the petition is decided as follows:
The petition is dismissed without prejudice, with leave to renew upon proper papers,
which shall be noticed upon the United States Citizenship and Immigration Services
local offices, located at 1086 Troy-Schenectady Road, Latham, New York and 26
Federal Plaza, 3rd Floor, Room 3-120
New York, New York 10278. The petition indicates that the petitioner is a
permanent resident of the United States of America. This statement is supported by a
color copy of a United States of America Permanent Resident Card which indicates that
the petitioner's name is Shilpi Saha. The petitioner also attaches a color copy of her
passport which indicates that her name is Shilpi Chattopadhyay and that her nationality is
Indian.
There is no law requiring that an applicant for a change of name be a United States citizen (see 79 NY Jur2d Names §21). However, a court should not rubber stamp any application for a name change, as it is the Court's obligation to ensure that the name change will not be a source of fraud, evasion or interference with the rights of [*2]others (see In re Boquin, 24 Misc 3d 473 [Sup Ct, Westchester County 2009]).
Here, given the petitioner's immigration status, this Court does not find that it is unduly burdensome for her to notify the United States Citizenship and Immigration Services of her proposed name change (see In re Beals, 40 Misc 3d 61 [App Term, 1st Dept 2013]).
As stated above, the petition is dismissed without prejudice with leave to renew upon proper papers, which shall indicate that the petition has been noticed upon the United States Citizenship and Immigration Services.
The foregoing constitutes the decision and order of this Court.
Dated:May 12, 2014
Poughkeepsie, New York
ENTER
________________________________
HON. JAMES D. PAGONES, A.J.S.C.
TO:SHILPI SAHA
Petitioner
21 Cindy Lane
Wappingers Falls, New York 12590