Hartin v. Director of the Bureau of Records & Statistics

This is an article 78 proceeding in which the petitioner seeks a judgment directing the Bureau *230of Records and Statistics of the New York City Department of Health to furnish a new birth certificate designating the petitioner as' a female.

The petitioner was born a male in 1933, and presumably functioned as such during childhood, service in the armed forces, and as a father of a child, of his marriage which terminated in divorce in 1971. Medical affidavits accompanying the petition reveal that in April, 1970, the petitioner underwent surgery removing the male sex organs and creating a…