Citation Numbers: 178 Misc. 113, 32 N.Y.S.2d 264, 1941 N.Y. Misc. LEXIS 2528
Judges: Cuff
Filed Date: 11/17/1941
Status: Precedential
Modified Date: 11/10/2024
Application by a father and mother, joined by their three infant children, for an order changing their surnames. This family came to this country as quota entries from France in August of this year. They left France because they feared persecution. The adults have applied for their first citizenship papers. This country is to be their permanent abode. They have renounced allegiance to France. They, of course, may not become citizens of the United States under our law until after the expiration of five years from the date when they arrived here. The earliest date when citizenship may be conferred upon them, therefore, would be about August, 1946. While applications of this nature, to wit, to change the name, have heretofore met with occasional judicial refusal where the applicant was not a citizen, on the ground that an alien is not entitled to the benefit of such judicial decree, I find no statutory authority that supports such a view. The applicants or anybody may change their names without asking the approval of the court at any time and, provided fraud was not the inspiration for the act, the new name will be as effectively assumed and recog