Legal Opinion

In re Powell

Appellate Division of the Supreme Court of the State of New York

Decided May 31, 2012Published

1Opinion of the Court

Mercure, J.(1) Appeal from an order of the Supreme Court (O’Shea, J.), entered August 29, 2011 in Chemung County, which denied petitioner’s application to assume another name, and (2) motion pursuant to CPLR 5704 (a) to vacate such order.

Petitioner, a prison inmate who was born male but self-identifies as female, commenced a proceeding for a legal name change to Shaniece Nyasia Powell. Although there was no objection by the parties required to be notified, Supreme Court *1632denied the application, prompting petitioner’s appeal.* We now reverse.

A court’s authority to review an application for a…

2Cases cited10 opinions

  1. In re EberhardtAppellate Division of the Supreme Court of the State of New York · 2011
  2. In re WashingtonAppellate Division of the Supreme Court of the State of New York · 1995
  3. In re AltheimAppellate Division of the Supreme Court of the State of New York · 2004
  4. In re GuidoCivil Court of the City of New York · 2003
  5. In re AnonymousCivil Court of the City of New York · 1992

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