Baldini, Application of

• Decision Date: 09 March 1959
• Citation: Baldini, Application of, 183 N.Y.S.2d 416, 17 Misc.2d 195 (N.Y. City Ct. 1959)
• Parties: Application of Clara Martha BALDINI, mother of Robert Louis Bottieri, an infant, for leave to change his name to Robert Louis Baldini.
• Court: New York City Court

Page 416

183 N.Y.S.2d 416

17 Misc.2d 195

Application of Clara Martha BALDINI, mother of Robert Louis

Bottieri, an infant, for leave to change his name

to Robert Louis Baldini.

City Court of City of New York, Special Term, Bronx County, Part II.

March 9, 1959.

Saul Kies, New York City, for Anthony Bottieri, father.

Norman J. Mordkofsky, New York City, for Clara M. Baldini, mother, petitioner.

LAWRENCE J. PELTIN, Justice.

In this proceeding, an application is made in behalf of a 4 year old boy, by his mother, for leave to change the infant's name to her maiden name, she having obtained an annulment from the father in this State on the grounds of fraud. The annulment decree provided that custody of the son be given to the mother and that the father pay $10 weekly for the support and maintenance of the infant. The mother contends (1) that the father never supported the infant; (2) the father has never seen the child; (3) that it would obviate embarrassing explanations in that the child's name and that of the mother were different. The father, who opposes the application, states that the mother has persistently refused to accept contributions for the support of the infant and has resisted any efforts on his part to see the child. Indeed there is evidence that the father opened a savings bank account in October, 1955, which is held in trust for the child. Moreover, the father professes love for his son and a willingness to support him and to visit with him. The father of the infant has a natural right to have his son bear his name unless the child's best interests are adversely affected. Moreover the child should in due course know of his parentage and when he has attained a certain maturity in...