Civil Court of the City of New York, New York County, June 18, 2024

New York Legal Assistance Group, New York City (Lara Russo of counsel), for petitioner.

{**84 Misc 3d at 333}Petitioner seeks leave to change her name.^[FN*] The petition is granted.

"While a court's authority to review an application for a name change is limited, the court is not a mere rubber stamp and need only grant such an application if satisfied of the truth of the petition, including the accuracy of the pertinent background and pedigree information required to be disclosed therein." (Matter of Beals, 40 Misc 3d 61, 62 [App Term, 1st Dept 2013] [citations omitted] [affirming denial of petition that did not include proof of residency without prejudice]; see also Matter of Jean, 2019 NYLJ LEXIS 4029, *3 [Civ Ct, Bronx County, Oct. 4, 2019, index No. NC-467-19/BX] [citing Beals and holding that "(o)nce an individual submits him or herself in seeking the Court's permission for a name change, the individual is subject to the court's discretion in granting said request"].)

Petitioners seeking leave to change their name are required to submit certified copies of their birth certificates or passports. (See New York State Unified Court System, Find the Help You Need to Represent Yourself in NY Courts, Proof of Birth, https://www.nycourts.gov/courthelp/namechange/proof.shtml [last accessed May 29, 2024]; Matter of Beals, 40 Misc 3d 61, 62 [App Term, 1st Dept 2013] [affirming court policy requiring copies of birth certificates or their equivalents].)

Upon review of petitioner's initial submissions, the court issued an interim order dated March 8, 2024 (the March decision), adjourning the petition "for petitioner to submit supplemental papers including a copy of petitioner's birth certificate certified in compliance with CPLR 4542, alternative proof of birth in admissible form, or evidence and argument why petitioner should be excused from the requirements of CPLR 4542 in considering petitioner's [*2]birth certificate." (Mar. decision at 2, citing New York State Unified Court System, Find the Help You Need to Represent Yourself in NY Courts, Proof of Birth, https://www.nycourts.gov/courthelp/namechange/proof.shtml [last accessed May 29, 2024].) In response to the March decision, on May 29, 2024, pro bono counsel from New York Legal Assistance Group (NYLAG), on behalf of petitioner, filed an attorney affirmation and memorandum of law, as well{**84 Misc 3d at 334} as an affidavit of translation, in further support of petitioner's application.

In appropriate circumstances and upon good cause shown, the court may excuse consular legalization or apostille in admitting documents. (See e.g. Estate of Garbo, NYLJ, July 31, 1991, 1991 NYLJ LEXIS 6302, *1 n 1, *12-13 [Sur Ct, NY County 1991]; Peters v UBS Trustees [Bahamas] Ltd., 2018 NY Slip Op 31644[U], *7-8 [Sup Ct, NY County 2018] [discussing standard for excusing consular legalization].) Taking into account the totality of the circumstances, including an attorney affirmation supporting the veracity of the documentation, a sworn affidavit of translation, the specific circumstances and challenges of this applicant as a transgender asylum seeker from a country that currently has no embassy or consulate in the United States, in combination with the uncertified but otherwise apparently officially stamped copy of a purported birth certificate from the country from which the applicant is seeking asylum, the court is satisfied that petitioner has shown good cause to excuse otherwise required consular legalization or apostille and that "the name change will not be a source of fraud, evasion or interference with the rights of others." (Matter of D.C.S., 68 Misc 3d 663, 667 [Sup Ct, St. Lawrence County 2020] [internal quotation marks omitted]; see also Matter of O.E.R.F., Civ Ct, NY County, Sept. 25, 2023, index No. NC-2367-23/NY, slip op; Matter of J.L.B.B., Civ Ct, NY County, Oct. 16, 2023, index No. NC-2524-23/NY, slip op, amended & rec sealed Civ Ct, NY County, Oct. 18, 2023, slip op at 1; Matter of N.E.U.-S., Civ Ct, NY County, Jan. 25, 2024, Ally, J., index No. NC-194-24/NY, slip op.)

Accordingly, it is ordered that petitioner's application for an order pursuant to Civil Rights Law § 63 is granted.