Legal Opinion

In re Cortes

Appellate Terms of the Supreme Court of New York

Decided March 13, 2008PublishedCited by 1 opinion

1Opinion of the Court

*57OPINION OF THE COURT

Memorandum.

Order reversed without costs, petition to change petitioner’s name from “Peter Cortes” to “Zea” granted, and matter remanded to the Civil Court for entry of an order pursuant to section 63 of the Civil Rights Law.

Under the circumstances presented, the court below improperly exercised its discretion in denying petitioner’s application to change his name from “Peter Cortes” to the single name of “Zea.” Under common law, a person may change his or her name at will, and the change is accomplished by usage or habit (see Matter of Halligan, 46 AD2d 170 [4th Dept…

2Cases cited6 opinions

  1. Smith v. . United States Casualty Co.New York Court of Appeals · 1910
  2. In re HalliganAppellate Division of the Supreme Court of the State of New York · 1974
  3. In re WashingtonAppellate Division of the Supreme Court of the State of New York · 1995
  4. In re Linda Ann A.New York Supreme Court · 1984
  5. In re Carol E. B., New York County Courts1975

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3Cited by1 opinion

  1. Matter of ArscottAppellate Terms of the Supreme Court of New York · 2017

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