Simon, Application of
| Decision Date | 15 December 1955 |
| Citation | 1 Misc.2d 177,148 N.Y.S.2d 14 |
| Parties | Application of George Shahean SIMON, Jr., an infant under the age of fourteen years, and Sandra Diane Simon, an infant under the age of fourteen years, by Julia E. Nunamaker, their natural mother to change their name and the names of each of said infants and to assume the surname of Nunamaker in the instance of each infant pursuant to Article 6 of the Civil Rights Law. |
| Court | New York County Court |
Will H. Mountain, Olean, for petitioner.
Joseph Bordonaro, Olean, for respondent.
This is a proceeding in which the petitioner seeks to change the surname of two infants; one a ten-year-old male, and the other an eitht-year-old female; from that of their father to that of the step-father, pursuant to Section 60 of the Civil Rights Law.
After hearing the testimony of the parties, I find the following to be the facts:
This application is made by Julia E. Nunamaker, mother of George S. Simon, Jr., and Sandra D. Simon, both infants under the age of fourteen years, for leave to change their names to George S. Nunamaker and Sandra D. Nunamaker. Julia E. Nunamaker and George S. Simon, Sr., were married on the 8th day of August, 1942; the infant George S. Simon, Jr., was born October 6, 1945, and Sandra D. Simon born October 19, 1947. George Simon and his then wife, Julia, entered into a separation agreement dated the 5th day of September, 1950, by which the custody of the children was given to the wife with the right of weekly visitation by the father. This agreement provided for a contribution towards the support of the children by the father.
The mother obtained a decree of divorce in the Commonwealth of Pennsylvania based upon her residence in Pennsylvaia. She claims to have established her residence by visiting Pennsylvania on week ends for the purpose of obtaining a divorce, and marrying her present husband. The divorce decree was entered in the Court of Common Pleas, Tioga County, Pennsylvania on April 7, 1952. On the 19th day of April, 1952, petitioner married Samuel Nunamaker in the State of New York. There were no provisions in the divorce decree relative to the custody of the children. The respondent was served outside the Commonwealth of Pennsylvania with a notice of the commencement of this action. He did not appear therein. The evidence indicated this divorce is vulnerable, but there is insufficient proof to disregard it.
After the marriage of Samuel Nunamaker, the children lived with Samuel Nunamaker and Julia Nunamaker at Knapps Creek, New York. Since the remarriage of his wife, George Simon has not contributed to the support of his children, nor has any support been demanded of him, the full support of the children being borne by Samuel Nunamaker. The petition was verified by Samuel Nunamaker, and his consent to the change of name was made a part of the petition. He was not present at the hearing.
The father, George Simon, opposes this application, testifying that he loves his children; that he had not made payments towards their support because it had not...
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Shipley, Application of
...v. Board of Education, 200 Misc. 748, 104 N.Y.S.2d 421; Matter of Otis (Weiss), 204 Misc. 1073, 126 N.Y.S.2d 651; Matter of Simon, 1 Misc.2d 177, 148 N.Y.S.2d 14; In re Schultz (Ortenberg), N.Y.L.J. 11/14/57, p. 7, col. 2; see Matter of Pollack (Zipper), 2 A.D.2d 756, 153 N.Y.S.2d 282. The ......
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Keach, Application of
...are not sufficient cause to change the children's names. (In the Matter of Seif, 40 Misc.2d 596, 243 N.Y.S.2d 172; Matter of Simon, 1 Misc.2d 177, 148 N.Y.S.2d 14; In the Matter of Epstein, 121 Misc. 151, 200 N.Y.S. For the reasons above stated, the application for the change of name of Jam......
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Degerberg v. McCormick
...126 N.Y.S.2d 651; Pottish v. Pottish, Sup., 88 N.Y.S.2d 394; Kay v. Kay, supra; Reed v. Reed (Okl.), 338 P.2d 350; Application of Simon, 1 Misc.2d 177, 148 N.Y.S.2d 14. So, also, has the argument that refusal to permit a change of name to coincide with other members of the stepfather's hous......
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Yessner, Application of
...to change the infant's name should be approved or disapproved solely on the basis of the infant's best interest. (Matter of Simon, 1 Misc.2d 177, 148 N.Y.S.2d 14; Matter of Wittlin, City Ct., 61 N.Y.S.2d 726). In granting the infant's request for a change of name, the court, in the case of ......