maggiegee
12-15-2009, 10:10 PM
OCTOBER 21, 2009
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Supreme Court, Appellate Term, First Department, New York County Clerk’s Index No. 570442/09.
A New York State appeals court today struck down a lower court’s requirement that transgender people seeking to change their names provide medical evidence of their need for the name change.
Olin Winn-Ritzenberg, was the Petitioner who appealed an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), dated February 27, 2009, which denied petitioner’s application for a name change.
The original order dated dated February 27, 2009 was reversed without costs, and the matter remitted to Civil Court for entry of an order granting the name change.
It was adjudicated that Olin Winn-Ritzenberg requirements for a name change under Section 61 of the Civil Rights Law. In the absence of evidence of fraud, misrepresentation, or interference with the rights of others, the name change petition should have been granted, and there should be no statutory provisions and additional requirement that a transgenderedpetitioner present medical substantiation for the desired name change.
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Supreme Court, Appellate Term, First Department, New York County Clerk’s Index No. 570442/09.
A New York State appeals court today struck down a lower court’s requirement that transgender people seeking to change their names provide medical evidence of their need for the name change.
Olin Winn-Ritzenberg, was the Petitioner who appealed an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), dated February 27, 2009, which denied petitioner’s application for a name change.
The original order dated dated February 27, 2009 was reversed without costs, and the matter remitted to Civil Court for entry of an order granting the name change.
It was adjudicated that Olin Winn-Ritzenberg requirements for a name change under Section 61 of the Civil Rights Law. In the absence of evidence of fraud, misrepresentation, or interference with the rights of others, the name change petition should have been granted, and there should be no statutory provisions and additional requirement that a transgenderedpetitioner present medical substantiation for the desired name change.