Thompson, Application of

Decision Date09 May 1975
PartiesApplication of Maurice Lee THOMPSON for leave to change his name to Chief Piankhi Akinbaloye.
CourtNew York City Court

Clifton E. Hall, New York City, for petitioner.

DAVID STADTMAUER, Judge.

Petitioner Maurice Lee Thompson seeks leave of this court to assume the name of Chief Piankhi Akinbaloye pursuant to section 60 and 61 of the Civil Rights Law.

Section 63 of the Civil Rights Law provides that before making an order authorizing the petitioner to assume a proposed name, the court must be satisfied '. . . that there is no reasonable objection to the change of name proposed . . .' (Also see Application of Middleton, 60 Misc.2d 1056, 304 N.Y.S.2d 145).

Primarily, the court is charged with examining whether the name sought to be assumed will be a source of or instrumentality for fraud, evasion or interference with the rights of others (See Application of Douglas, 60 Misc.2d 1057, 304 N.Y.S.2d 558; In re Anonymous, 57 Misc.2d 813, 293 N.Y.S.2d 834; Application of Green, 54 Misc.2d 606, 283 N.Y.S.2d 242; Application of Wing, 4 Misc.2d 840, 157 N.Y.S.2d 333). The court must also consider whether the proposed name is of such a nature as to confuse or mislead the general public.

In the instant application, petitioner seeks to assume three names. The first in sequence of the proposed names is 'Chief' and it is this name that the court finds objectionable.

Webster's New International Dictionary, 2nd Ed. at page 464 defines 'chief' as '. . . the head or leader of any body of men' or 'the directing head of a political party, government bureau or department. . . . Chief (also) implies hereditary or acquired rank as in a tribe or clan or more frequently, superiority in civil . . . office or rank.'

This court acknowledges the right of any individual to change his name and that it generally makes no difference that a word constituting a name is also a word for expressing something else (See Re Snook, 2 Hilt 566). However, to permit petitioner's application as proposed would be tantamount to the bestowal of an apparent title of authority. Such indiscretion would tend to confuse those members of the public who might come into contact with the petitioner. While the court is certain that this petitioner's motives are sincere, other less scrupulous persons should be discouraged from seeking undeserved titles of authority under the guise of seemingly...

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10 cases
  • People v. Jones
    • United States
    • New York Supreme Court
    • December 11, 1975
    ... ... 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149, and Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178. After hearing, that application was denied in part and granted in part, and the findings and conclusions dictated into the record (CPL 710.60(4), (6)) ... 1056, 304 N.Y.S.2d 145; Matter of Douglas, Jr., 60 Misc.2d 1057, 304 N.Y.S.2d 558; Matter of B., 81 Misc.2d 284, 366 N.Y.S.2d 98; Matter of Thompson, 82 Misc.2d 460, 369 N.Y.S.2d 278). The People will be required to demonstrate, in addition, that 'the name given is that of a real person' (People ... ...
  • Eisenberg v. Strasser
    • United States
    • New York Supreme Court
    • August 18, 2003
    ...to be assumed will be a source of or instrumentality for fraud, evasion or interference with the rights of others" (Matter of Thompson, 82 Misc 2d 460, 461 [1975]; see also Matter of Stempler, 110 Misc 2d 174, 175 [Sup Ct, Nassau County 1981]; Matter of Middleton, 60 Misc 2d 1056 [Civ Ct At......
  • Sakaris by Sakaris, Application of
    • United States
    • New York City Court
    • September 30, 1993
    ... ... See, Re Stempler, 110 Misc.2d 174, 441 N.Y.S.2d 800 [Sup. Nassau Cty.1981]; Application of Thompson, ... 82 Misc.2d 460, 369 N.Y.S.2d 278 [N.Y.C.Civ.Ct.N.Y.Cty.1975] ... Criteria for Changing a Name ...         When the Civil Rights Law ( § 63) is used, the court is required to be satisfied: ... (1) "that the petition is true", (2) "that there is no reasonable objection to the change ... ...
  • Stempler, Application of
    • United States
    • New York Supreme Court
    • August 5, 1981
    ... ...         "Primarily the court is charged with examining whether the name sought to be assumed will be a source of or instrumentality for fraud, evasion or interference with the rights of others." (Application of Thompson, 82 Misc.2d 460, 461, 369 N.Y.S.2d 278; see Application of Douglas, 60 Misc.2d 1057, 304 N.Y.S.2d 558; In re Anonymous, 57 Misc.2d 813, 293 N.Y.S.2d 834; Application of Green, 54 Misc.2d 606, 283 N.Y.S.2d 242; Application of Wing, 4 Misc.2d 840, 157 N.Y.S.2d 333) ...         Petitioner ... ...
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