Siveski, Matter of (Novakovic)

[*1] Siveski, Matter of (Novakovic) 2013 NY Slip Op 52187(U) Decided on December 19, 2013 Appellate Term, First Department 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 19, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman J.P., Hunter, Jr., Torres, JJ
13-336.

In the Matter of Natasa Siveski as Parent of Andrej Novakovic, for leave to change his name to Andrej Novakovic-Siveski, Petitioner-Appellant,

against

Aleksander Novakovic, Respondent-Respondent.

Petitioner appeals from an order of the Civil Court of the City of New York, New York County (Frank P. Nervo, J.), entered May 1, 2013, which denied her petition to change her infant child's surname and dismissed the proceeding.

Per Curiam.

Order (Frank P. Nervo, J.), entered May 1, 2013, reversed, without costs, petition reinstated, and matter remanded to Civil Court for further proceedings consistent with this decision.

The court should not have summarily denied petitioner-mother's application to change her infant child's surname. On the limited record now before us, and in view of the objections filed by the respondent-father, triable issues are raised as to whether the "interests of the infant will be substantially promoted" (Civil Rights Law § 63) by hyphenating the child's surname to include the last names of both parents (see Matter of Eberhardt, 83 AD3d 116, 121-124 [2011]). The proper resolution of these issues, requiring the court to engage in a fact-intensive inquiry into a "myriad of factors [and] circumstances" (see Eberhardt at 123-124), must await a full plenary hearing on the merits (id.; see also Matter of Kyle Michael M., 281 AD2d 954 [2001]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 19, 2013