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N.Y. Civ. Rights Law § 64-a

Sealing name change papers

Redline — January 1, 2016 → current.View current text →
Current — January 1, 2022
As of January 1, 2016
§ 64-a. Exemption from publication requirements. 1. If the court shall\nfind that the publication of an applicant's change of name would\njeopardize such applicant's personal safety, based on totality of the\ncircumstances the provisions of sections sixty-three and sixty-four of\nthis article requiring publication shall be waived and shall be\ninapplicable. Provided, however, the court shall not deny such waiver\nsoley on the basis that the applicant lacks specific instances of or a\npersonal history of threat to personal safety. The court shall order the\nrecords of such change of name proceeding to be sealed, to be opened\nonly by order of the court for good cause shown or at the request of the\napplicant.\n 2. Notwithstanding any other provision of law, pending such a finding\nin subdivision one of this section where an applicant seeks relief under\nthis section, the court shall immediately order the applicant's current\nname, proposed new name, residential and business addresses, telephone\nnumbers, and any other information contained in any pleadings or papers\nsubmitted to the court to be safeguarded and sealed in order to prevent\ntheir inadvertent or unauthorized use or disclosure while the matter is\npending.\n
§ 64-a. Sealing name change papers. 1. If the court shall find that\nopen record of an applicant's change of name would jeopardize such\napplicant's personal safety, based on totality of the circumstances, the\ncourt shall, at the request of the applicant or sua sponte, order the\nrecords of such change of name proceeding be sealed, to be opened only\nby order of the court for good cause shown or at the request of the\napplicant. For the purposes of this section, "totality of the\ncircumstances" shall include, but not be limited to, a consideration of\nthe risk of violence or discrimination against the applicant, including\nsuch applicant's status as transgender or as the subject of domestic\nviolence. The court shall not deny such sealing request solely on the\nbasis that the applicant lacks specific instances of or a personal\nhistory of threat to personal safety.\n 2. Notwithstanding any other provision of law, pending such a finding\nin subdivision one of this section where an applicant seeks relief under\nthis section, the court shall immediately order the applicant's current\nname, proposed new name, residential and business addresses, telephone\nnumbers, and any other information contained in any pleadings or papers\nsubmitted to the court to be safeguarded and sealed in order to prevent\ntheir inadvertent or unauthorized use or disclosure while the matter is\npending.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.