Matter of Islam

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Matter of Islam 2002 NY Slip Op 30142(U) March 11, 2002 Sup Ct, NY County Docket Number: 118284/01 Judge: Jacqueline W. Silbermann Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication. [* 1] SUPREME COURT OF THE STATE OF NEW YORK - NEW YORK COUNTY MOTION DATE -vMOTION SEQ. NO. -- MOTION CAL. NO. PAPERS NUMBERED Notice of Motion/ Order to Show Cause Answering Affidavits - Affidavits - Exhibits ... 1-3 q - Exhibits 5- 9 \ ; Replying Affidavits Cross-Motion: 0 0 Yes No Upon the foregoing papers, it is ordered that this motion g &'&A c - L h a c d t c R , I - n W K CT Lu u , , / W U >4 4 3 L I - o W e cn W U cn I W v) a Dated: 3I Check one: 0 I\\ o Z 0 FINAL DISPOSITION \?,. [* 2] GEORGINA ARABELLE SANAM ISLAM, TRISTAN AMBROSE ALEXANDER NASIM ISLAM, CLARISSA ISABELLE FERIAL ISLAM, CHLOE ELECTRA SAIRA MCNERNEY ISLAM Index No;~118284/01 infants, by their mother and natural guardian, THERESA HAVELL FOR LEAVE TO CHANGE THEIR RESPECTIVE NAMES TO In this special proceeding, the petitioner, as mother and natural guardian of the four minor children, Georgina, Tristan, Clarissa and Chloe, moves for an order directing that the children may change their names as indicated above. The petitioner alleges the requested name changes are required as the children s father, Aftab Islam, violently assaulted their mother on April 22, 1999 by hitting her on the head with a barbell, in the presence of three of the minor children. As a consequence, the children no longer wish to carry the same last name as their father, and also wish to discard their Persian middle names given to them by their father, who pleaded guilty to first degree assault and currently is serving a prison term. Instead, the children wish to adopt their mother s maiden name, McNerney, as their last name in place of their father s last name. In addition, the children fear that carrying the name Islam in the wake of the events of September 11, 2001 will subject them to further possible harm. [* 3] Index No. 118284/01 Page 2 The children s Law Guardian is in support of the name change. She indicates it is in the children s best interest to disassociate themselves from their father s name as they try to move ahead with their lives. She indicates it will do all of the children good-to distance themselves from their father, the attack, and the past. In addition, she indicates the children derive comfort and strength from associating themselves with their mother s maiden name. The children s father, of course, vehemently opposes the proposed name change. He asserts there is no basis for the name change as the petitioner has failed to establish that the requested name change will prevent embarrassment, harassment, or confusion, associated with their present last name. See Application of Robinson, 74 Misc.2d 63 (Civ. Ct. N.Y. County 1972) or that the name change is in the children s best interests. Id.; Civ. Rts. L. §63. In addition, Mr. Islam asserts there is no basis for granting a name change to the children different from either their mother or their father s last name. Pursuant to Section 63 of the Civil Rights Law, it is appropriate to grant a petition to change the name of a minor when the court finds that the interests of the infant will be substantially promoted by the change. Civ. Rts. L. 963. This statute has been interpreted as requiring that courts apply the the best interests of the child standard in deciding a petition to change the name of a minor. See, e.g., Application of Sakaris by Sakaris, 160 Misc.2d 657 (Civ. Ct. N.Y. Co. 1993); Application of Robinson, 74 Misc.2d 63 (Civ. Ct. N.Y. Co. 1972); Application of DeJesus, 44 Misc.2d 833 (Civ. Ct. N.Y. Co. 1964). [* 4] Index No. 118284/01 Page 3 Petitions to change the name of a minor have been granted where the child s continued use of hidher former name will cause him/her embarrassment, harassment, or confusion [see, Application of Robinson, 74 Misc.2d 63; In the Matter of Leam by Houck, 194 A.D.2d 859 (3d Dept. 1993); In the Matter of Goldstein, 104 A.D.2d 616 (2d Dept. 1984)], especially where the reason the child seeks to change hidher name is that the parent from whom the name came has been convicted of a serious crime. In those cases, the court reasoned that the granting of the petition will relieve the infant of the scorn, opprobrium or derision that may have attached to his name through no fault of his own, and will permit him to face the future with greater ease and comfort, free of the destructive hand of the past. Application of Yessner, 61 Misc.2d 174 (Civ. Ct. Kings Co. 1969). See also, ln the Matter of Fein, 51 Misc.2d 1012, 1018 (Civ. Ct. N.Y. Co. 1966). This court is familiar with the facts and circumstances surrounding the requested name change in this matter, as the court presided over the matrimonial action which resulted in the dissolution of the marriage of the petitioner and Mr. Islam. The court is aware of the details of the brutal attack upon the petitioner on April 22, 1999, and the impact that attack had on the parties children, three of whom witnessed their father attempting to beat their mother to death. As a result of the attack, the children s father remains incarcerated. He has no visitation rights with his children at this time, and has had no contact with the children for the previous three years. In light of the foregoing, this court is of the opinion it is in the children s best interests to allow them to change their names as requested. Although it is unusual for children to adopt a surname other than that of one of the children s parents, the court believes that [* 5] Index No. 118284101 Page 4 under these circumstances the requested name change is in the children s best interests, as they have positive associations with their mother s maiden name, and no such positive association with their father s name. - - Accordingly, the petition is granted in accordance with the annexed order. All matters not decided herein are hereby denied. Dated: New York, New York March 11,2002 -. [* 6] At an Ex Parte Motion Part of the Supreme Court of the State of New York, held in and for the County of New York, at 60 Centre Street, on the PRESENT: Hon. Justice =mu e i i e W S ; ~ b e / m w a -. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _-____________________-__--__--_------_--_ X IN THE MATTER OF THE APPLICATION OF GEORGINA ARABELLE SANAM ISLAM, TRISTAN AMBROSE ALEXANDER NASIM ISLAM, ORDER CLARISSA ISABELLE FERIAL ISLAM, INDEX NUMBER CHLOE ELECTRA SAIRA MCNERNEY ISLAM \\dsql' infants, by their mother and natural guardian, THERESA HAVELL FOR LEAVE TO CHANGE THEIR RESPECTIVE NAMES TO GEORGINA ARABELLE McNERNEY, TRISTAN AMBROSE McNERNEY, CLARISSA ISABELLE McNERNEY, CHLOE ELECTRA McNERNEY _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - _ - - - _ - -X - - - _ _ - - _ - -_ Upon the petition of Georgina Islam, Tristan Islam, Clarissa Islam, and Chloe Islam, minors, by their mother and natural guardian, Theresa Havell, verified the 28thday of September, 2001, seeking leave to change their names as follows: Present Name: Desired Name: Georgina Arabelle Sanam Islam Georgina Arabelle McNerney Tristan Ambrose Alexander Nasim Islam Tristan Ambrose McNerney Clarissa Isabelle Ferial Islam Clarissa Isabelle McNerney [* 7] -* f 1 L b I I Chloe Electra Saira Mcnerney Islam Chloe Electra McNerney, and the court being satisfied thereby that the petition is true 1: proposed, I Islam, and Chloe Islam by their mother and natural guardian, I NOW, on motion of Georgina Islam, Tristan Islam, Cla-rissa 1 II Theresa Havell, it is ORDERED, that the petitioners, whose dates and places of birth and birth certificate numbers are as follows: Name Date of Birth Georgina Islam: August 5, 1989 Place of Birth BC# Torrington, CT H0806684 Tristan Islam: December 27, 1987 New York, NY Clarissa Islam: August 11, 1986 Chloe Islam: April 22, 1984 15687138301 Torrington, CT G112615 New York, NY 15684110436 are hereby authorized to assume their desired names in place of their present names upon compliance with the provisions of this order as follows: Present Name: Desired Name: Georgina Arabelle Sanam Islam Georgina Arabelle McNerney Tristan Ambrose Alexander Nasim Islam Tristan Ambrose McNerney Clarissa Isabelle Ferial Islam Clarissa Isabelle McNerney Chloe Electra Saira Mcnerney Islam Chloe Electra McNerney, and it is further [* 8] ORDERED, that this order shall be entered and the papers on which it was granted filed, prior to the publication hereinafter ordered, in the office of the Clerk of the County of New York, wherein petitioners reside, and it is further ORDERED, that at least once within twenty days after ent-ryof this order, a notice shall be published in the New York Law Journal, substantially in the following form prescribed by Section 63 of the New York Civil Rights Law: 5 ' I , I ne& Notice is hereby given that an order e&+ed by the Supreme Court, New York County, on the i day of M a / r * h , , miL/ bearing Index Number \ \ g x q o\ , a copy of which may be examined at the office of the clerk, located at 60 Centre Street, in room number 103B, grants us the right, effective on the I\* day of M a L q . &OO& , to assume the names of Georgina Arabelle McNerhey, Tristan Ambrose McNerney, Clarissa Isabelle McNerney, and Chloe Electra McNerney. Our present address is care of Theresa Havell, Havell Capital Management, One Rockefeller Plaza, Suite 1609, New York, NY 10020; our respective dates and places of birth and present names are as follows: Name Date of Birth Place of Birth Georgina Arabelle Sanam Islam: August 5, 1989 Torrington, CT Tristan Ambrose Alexander Nasim Islam: December 27, 1987 New York, NY Clarissa Isabelle Ferial Islam: August 11, 1986 Torrington, CT Chloe Electra Saira Mcnerney Islam: April 22, 1984 New York, NY, and it is further ORDERED, that within forty days of the making of this order, [* 9] an affidavit of publication as of the aforesaid notice shall be filed in the office of the Clerk of the County of New York, and it is further ORDERED, that upon full compliance with the above provisions of this order, the petitioners shall be known by their desired names as follows: Present Name: Desired Name: Georgina Arabelle Sanam Islam Georgina Arabelle McNerney Tristan Ambrose McNerney Clarissa Isabelle McNerney Chloe Electra McNerney, Tristan Ambrose Alexander Nasim Islam Clarissa Isabelle Ferial Islam Chloe Electra Saira Mcnerney Islam which they are hereby authorized to assume, and by no other name, and it is further ORDERED that a copy of this order be served by mail upon Aftab Islam or his attorneys, if any, within 10 days after this order is filed and that proof of service be filed within 20 days thereafter. JUSTICE, SU+ME !' COURT OF

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