Matter of Muhammad v New York City Dept. of Health & Mental Hygiene
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Matter of Muhammad v New York City Dept. of Health & Mental Hygiene 2013 NY Slip Op 32131(U) September 10, 2013 Supreme Court, New York County Docket Number: 100881/13 Judge: Cynthia Kern Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various state and local government websites. These include the New York State Unified Court System's E-Courts Service, and the Bronx County Clerk's office. This opinion is uncorrected and not selected for official publication. SCANNED ON 911112013 [* 1] SUPREME CQURT QF THE STATE OF NEW YORK NEW YORK COUNTY Index Number: 100881/2013 MUHAMMAD, ASMA PART vs NYC DEPARTMENT OF HEALTH INDEX NO. Sequence Number : 001 MOTION DATE OTHER RELIEFS MOTION SEQ. NO. The following papers, numbered 1 to Notice of MotionlOrder to Show Cause Answering Affidavits , were read on this motion tolfor -Affidavits - Exhibits I Ws). INo(s). I No(s). - Exhibits Replying Affidavits Upon the foregoing papers, it is ordered that this motion is is decided in accordance with the annexed decision. UNFILED JUDGMENT This judgment has not been entered by the County Clerk and notice of entry cannot be served based hereon. To obtain entry, counsel or authorized representative must appear in person a the Judgment Clerk s Desk (Room t 11) 4B, . Dated: -,++. . &I L *. -rr* *at*. -,.,- Z C , J.S.C. ..................................................................... CASE DISPOSED NON-FINAL DISPOSITION 2. CHECK AS APPROPRIATE: ........................... MOTION IS: GRANTED 0DENIED 0GRANTED IN PART 0OTHER 3. CHECK IF APPROPRIATE: ................................................ c SETTLE ORDER ] 0SUBMIT ORDER 0DO NOT POST 0FIDUCIARY APPOINTMENT REFERENCE 1. CHECK ONE: [* 2] SUPREME COURT OF THE STATE OF NEW Y O N COUNTY OF NEW YORK: Part 55 In the Matter of the Application of ASMA MUHAMMAD, Petitioner, For leave to change, amend, or correct the records of the Bureau of Vital Statistics, N.Y.C. Dept. of Health and Mental Hygiene, Index No. 100881/13 ORDEWJUDGMENT -againstNEW YORK CITY DEPARTMENT OF HEALTH AND MENTAL HYGIENE, Recitation, as required by CPLR 22 19(a), of the papers considered in the review of this motion for : Papers Notice of Motion and Affidavits Annexed.................................... Answering Affidavits...................................................................... Replying Affidavits...................................................................... Exhibits...................................................................................... Numbered 1 2 3 4 Petitioner Asma Muhammad brings the instant petition to amend her Certificate of Birth (the Certificate ). Respondent New York City Department of Health and Mental Hygiene ( DOHMH ) opposes the petition on the ground that there is insufficient evidence to suport the requested amendment. For the reasons set forth below, the petition is denied. Petitioner brings the instant petition to amend the Certificate so that Item 8a, Father s Full Name should read Dwight York instead of Omar Muhammad and Item 8c, Father s [* 3] Birthplace should read Boston, Massachusetts instead of Brooklyn, New York. Along with her petition, petitioner submits a signed and notarized statement asserting that she is the daughter of Dwight York, a public figure, who has allegedly used several aliases throughout his life and is currently incarcerated in a federal prison. The statement further claims that petitioner s father s legal birth name was Dwight York, that his legal name is currently Malachi York and that her mother listed his name on the Certificate as Omar Muhammad because that was the name he was using at the time of her birth. Petitioner asserts that an amendment to the Certificate is necessary because she is unable to visit or correspond with her father in prison without such an amendment. In support of her petition to amend the Certificate, petitioner provides (1) the Certificate she seeks to amend; (2) a letter from respondent denying petitioner s request to amend the Certificate along with the relevant Birth Certificate Correction Application Form; (3) an Acknowledgment of Paternity allegedly signed by Malachi Z. York on December 8,2003 and Marie Tinsley; (4) petitioner s United States Passport, social security card and driver s licenses from the states of Florida and Georgia; (5) petitioner s marriage certificate; (6) petitioner s application to respondent for a copy of the Certificate; (7) a copy of a Commonwealth of Massachusetts Certificate of Birth for a child with the last name of York, born June 26, 1945; (8) documents showing that petitioner has had correspondence sent to Dwight York returned to her by the Federal Bureau of Prisons; (9) a letter from Dr. Malachi Z. York-El to his beloved daughter ; (10) a photograph dated July 10,2010 from Dad to Asma ; (1 1) a photograph dated 1989 and signed by Dr. York ; (12) Inmate Locator information for Dwight D. York from the website of the Federal Bureau of Prisons; and (13) 2 [* 4] documents appearing to show that petitioner searched several databases for the Omar Muhammad born in Brooklyn, New York in 1948 listed as her father on the Certificate. The Rules of the City of New York provide that [nlo application [to amend a birth certificate] shall be approved unless the Commissioner or [his] designee is satisfied that the evidence submitted shows the true facts and that an error or omission was made at the time of preparing and filing of the certificate... 24 RCNY 6 207.01(c). In the instant action, petitioner s petition to amend the Certificate is denied. Petitioner has not offered any evidence to demonstrate that the Certificate should be corrected to read Father s Name as Dwight York as petitioner has provided no evidence to establish that that is her father s actual name. Additionally, petitioner has failed to provide any evidence to demonstrate that the Certificate should be corrected to read Father s Birthplace as Boston, Massachusetts. Furthermore, petitioner has offered no evidence to establish that she is the daughter of Dwight York other than her assertion that Omar Muhammad, her father s name on the Certificate, was her father s name at the time of her birth. The Massachusetts Certificate of Birth of a person named York, born June 26, 1945, does not list a first name and does not in any way show that this person is petitioner s father or is the same person as Omar Muhammad. It is hereby ORDERED that petitioner s petition to amend the Certificate of Birth is denied without prejudice with leave to renew upon providing this court with DNA proof that Omar Muhammad is indeed petitioner s father, a certified copy of Dwight York s certificate of birth and an affidavit from petitioner s father and/or mother explaining the circumstances surrounding the use of the name Omar Muhammad on the Certificate and attesting to the truth of the facts alleged in the 3 [* 5] petition; and it is further ORDERED that petitioner is granted leave to request a paternity test from Mr. York, who is incarcerated in federal prison in ADMAX in Colorado; and it is M e r ORDERED that this Order may not prevent plaintiff from seeking a name change in Civil Court to the extent that is the relief plaintiff seeks. This constitutes the order and judgment of the court. Dated: I I 4 \ 0 \j e% Enter: J.S.C. UNFILED JUDGMENT This judgment has not been entered by the County Clerk and notice of entry cannot be served based hereon. TO obtain entry, counsel or authorized representative must appear in person at the Judgment Clerk's Desk (Room 141B&, - ~ A + - I rr*rr, &&-.-,?i* *Fa*!- , . . . ... 4 :,P*i
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