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 Post subject: Petition New York State Supreme Court: Vital Record Amend.
UNREAD_POSTPosted: November 29th, 2011, 4:53 pm 
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Joined: May 21st, 2011, 8:08 am
Posts: 251
Location: New York
Attached is a copy of a format that can be used when petitioning a court to order an agency to amend vital record documents


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 Post subject: Re: Petition New York State Supreme Court: Vital Record Amen
UNREAD_POSTPosted: April 4th, 2012, 5:29 pm 
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Joined: May 21st, 2011, 8:08 am
Posts: 251
Location: New York
Here is some additional information on submitting a petition that may help. If anyone who has had more experience notices any errors, please post. Remember, each County has some different rules on submitting a petition. Once again, I can't stress enough, if you can afford an attorney to push your case through the court, do so.

PROCEDURE FOR AMENDING N.Y.S. DEPT. OF HEALTH VITAL RECORD DOCUMENT (S)

Create a petition package, secured together, that will be submitted to the County Clerk consisting of:

General Verification (notarized original signature)
Certification 130.1 (notarized original signature)
Notice of Petition
Verified Petition
Order
Certified copy of record (s) to be amended
"Blue Backing" (legal size paper

1) Sign any documents requiring signature of petitioner.
2) "Verified Date" is date documents are being submitted (notarized) to the County Clerk.
3) All applications are made returnable to the Motion Support courtroom at 9:30 A.M.
4) Petitioner selects date motion will appear in the Motion Support Courtroom. It should be at least 20 days after petition package is filed with Supreme Court Special Term Office.
5) Attach the blue back so that the writing is facing the opposite direction from the rest of your papers. This is the back page of your documents.
6) Make a copy of petition package.

Bring to the County Clerk, the original petition package, along with your copy of petition package, as well as the following completed forms (along with cash or a check in the amount of $305.00):
Request For Judicial Intervention (R.J.I.) $95.00
Application For Index Number $210.00
Make a copy of R.J.I. prior to submitting documents to County Clerk.
Upon payment, the County Clerk will issue you an Index Number which will be stamped on your receipt of the Application for Index Number.

The clerk will date stamp your copy of Notice of Petition of petition package and your copy of R.J.I. form.
Replace your Notice of Petition with stamped copy of Notice of Petition from County Clerk. (Sometimes, the clerk will stamp the Verified Petition instead of the Notice of Petition. It seems to depend on what document you have as your cover sheet. Whatever form they stamp, make sure the stamped form is replaced in your package.)

Upon leaving the County Clerk's office, enter Index number on the cover sheet of all documents in your copy of petition package (General Verification, Certification 130.1, Notice of Petition, Verified Petition, Order, "Blue Backing").
Your copy of petition package should now consist of:
R.J.I. (County Clerk's stamped version)
Application for Index Number (County Clerk's stamped version)
General Verification
Certification 130.1
Notice of Petition (County Clerk's stamped version)
Verified Petition
Order
Certified copy of record(s) to be amended
"Blue backing" (legal size paper)

Make 2 additional copies of petitioin package, each separately secured together.

Have someone, other than yourself, who is 18 years of age or older, and does not have any connection to this petition, to personally hand-deliver or send through the U.S. Postal Service by certified mail (in an enveloped marked "Personal & Confidential"), petition packages to:
1) New York State Attorney General's Office
(find address of the Attorney General's office in District where you are submitting petition)
2) New York State Department of Health, Vital Records Amendment Unit, P.O. Box 2602, Albany, New Yor, 12220-2602

If there is a third party involved, and they have not given written consent to the application, they must also be served to make them aware that you want to change, amend or correct a specific record.

Have person who served petition packages on NYS Attorney General's Office and NYS Depart. of Health complete (and have notarized) an Affidavit of Service for each.
If there is a third party involved that was served, an Affidavit of Service must be completed.

File a copy of petition package, secured together with the Supreme Court Special Term Office, which now includes:
R.J.I. (County Clerk's stamped version)
Application for Index Number (County Clerk's stamped version) (This is not really necessary to be attached.)
Affidavit of Service.
Certified Mail Receipts (Do not actually need as Affidavit of Service is proof that items were mailed.)
General Verification
Certification 130.1
Notice of Petition
Verified Petition (County Clerk's stamped version)
Order
Certified copy of record(s) to be amended
"Blue Backing" (legal size paper)
Self Addressed Stamp Envelope (Court will mail you a copy of decision when rendered.)


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 Post subject: Re: Petition New York State Supreme Court: Vital Record Amen
UNREAD_POSTPosted: April 4th, 2012, 5:42 pm 
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Joined: May 21st, 2011, 8:08 am
Posts: 251
Location: New York
FORMS FOUND ON INTERNET:

Affidavit of Service by mail:
http://www.courts.state.ny.us/courts/8j ... y_Mail.pdf

Affidavit of Service by Mail or hand-delivered:
http://www.courts.state.ny.us/courts/10 ... /H-36p.pdf

Application for Index Number Pursuant to Section 8018 CPLR
(form 230) (Replace Dutchess County):
http://www.co.dutchess.ny.us/CountyGov/ ... erappl.pdf

Blue Back (Replace “Nassau” County):
http://www.courts.state.ny.us/courts/10 ... /H-48p.pdf

Request for Judicial Intervention UCS-840 (updated 03/2011)
http://www.nycourts.gov/forms/rji/UCS-840-fillable.pdf


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 Post subject: Re: Petition New York State Supreme Court: Vital Record Amen
UNREAD_POSTPosted: April 4th, 2012, 6:59 pm 
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Joined: October 7th, 2011, 6:23 pm
Posts: 395
Quote:
PROCEDURE FOR AMENDING N.Y.S. DEPT. OF HEALTH VITAL RECORD DOCUMENT (S)


Wow! This is great and a lot of "kudos" to you.

This is different from a "one and the same" declaration. You are endeavoring to have the NY Department of Health to amend documents instead of having someone declared as one and the same over varying documents. Did you consider that route? If choose not to and go your route, why did you choose to do so?


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 Post subject: Re: Petition New York State Supreme Court: Vital Record Amen
UNREAD_POSTPosted: April 4th, 2012, 7:30 pm 
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Joined: May 21st, 2011, 8:08 am
Posts: 251
Location: New York
Yes, this is the procedure I am using to amend records that are with the NYS DOH. I would think it is the same basic procedure that can be used to amend records with NYC DOH.
My petition also has a section (using the same procedure above) to require the NYS DOH to release a birth certificate to me.

The reason I am doing the above is that the NYS DOH refused to amend about 6 documents and to release a birth certicate and directed me to get a court order. In fact, today was the final day the NYS Attorney General's Office had to submit an answer to the court if they felt these things should not be done and they haven't done that..so I'm expecting the Judge to sign off on those two petitions without any problems.

The third part of my petition (all one index number) is the Declaratory Judgment/One and the Same section. I felt that I would only use this procedure for those documents that there is absolutely no way to amend (Census records, ship manifests, alien registration card, NYC Municipal Archive records). (I am going to show the NYC consulate the ship manifests and census records in order to prove when my family arrived and their citizenship status - but usually they dont ask for these things, but I thought I might as well get a court order declaring these belonging to my relatives.)

It is a bit different format and procedure from the above petitions and I am waiting to hear from the court if the Judge signs off on it, and if so, I will try to post how I was able to do that.


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 Post subject: Re: Petition New York State Supreme Court: Vital Record Amen
UNREAD_POSTPosted: April 5th, 2012, 6:22 am 
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Joined: October 7th, 2011, 6:23 pm
Posts: 395
Quote:
I would think it is the same basic procedure that can be used to amend records with NYC DOH.


I think so. However, NYC DOH is quite helpful in amending BC/DC's ... completely the opposite from what I've read about NYS DOH

I believe we communicated about your plans earlier. One option you were considering was obtaining a "one and the same" declaratory judgement covering the documents with the errors. Why did you not go that route?


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 Post subject: Re: Petition New York State Supreme Court: Vital Record Amen
UNREAD_POSTPosted: April 5th, 2012, 7:49 am 
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Joined: May 21st, 2011, 8:08 am
Posts: 251
Location: New York
My One and The Same document is before the Judge right now.


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 Post subject: Re: Petition New York State Supreme Court: Vital Record Amen
UNREAD_POSTPosted: April 5th, 2012, 12:47 pm 
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Joined: May 21st, 2011, 8:08 am
Posts: 251
Location: New York
Attached is a version of the petition package I used when requesting a court order to have the NYS DOH amend vital record documents.
I am not an attorney, nor play one in a forum... :D I am just giving you an idea what I used. It may or may not work before another Judge in another district.
As previously suggested, if you can afford an attorney, get one. There is a reason they are paid well as they know the law and court procedures. I personally couldn't afford an attorney so was willing to take a gamble that my case would be thrown out due to a form mistake.


Attachments:
ORDER.pdf [24.9 KiB]
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VERIFIED PETITION.pdf [120.27 KiB]
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NOTICEPETITION.pdf [27.98 KiB]
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PART130.pdf [19.76 KiB]
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 Post subject: Re: Petition New York State Supreme Court: Vital Record Amen
UNREAD_POSTPosted: April 5th, 2012, 3:59 pm 
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Joined: May 21st, 2011, 8:08 am
Posts: 251
Location: New York
Just an update:
I came home from work today thinking that the final day for the NYS Attorney General's Office to respond negatively to my petition had passed without any word so I was in the clear....however, what should be in my mailbox? but a letter from the Attorney General's office. (The Attorney General's Office, if they have any opposition to a petition must notify the Judge and the attorney or pro se by a set date - which was this morning at 9:30 A.M.).

The letter was dated 2 days ago so they made the time frame...but all is good. It was just to say they are taking no position as they have no ability to investigte the "veracity of petitioner's assertions as to his ancestors and their correct names." The Attorney General's Office said that they do need a court order and the NYS DOH will abide by the Order if the the Judge is convinced of "petitioner's veracity and credibility." So now I wait to hear from the Judge.

For those who are in a similar situation...these are the final steps one would follow once the court approves the order:

If your application is granted, you must obtain a certified copy of the Judge's decision (court order) to file with the NYS DOH.
A; Go to the Record Room in the County Clerk's Office.
B: Fill out the requistion form and obtain yoru file.
C: Take out the Judge's decision from the file folder. There should be a "File Stamp" by the Judge's signature. This is known as the Entered Ordered.
D: Make a copy of the Judge's decision.
E: Ask for a certified copy of the court order. There is a fee for this copy payable in cash or by Postal Money Order.
F: Return the court file to the Record Room.
G: Once you have obtained your certified copy of the Order, make a copy of the certified copy.
H: So that they may correct the record(s) send:
Original certified order and a copy
Attach a copy of Record(s)
Send to:
Department of Health
Amenment Unit, Vital Records Section.
P.O. Box 2602, Albany, NY 12220-2602
The Department of Health will supply you with 1 free copy of the amended certificate.
If you need a second copy, it will cost $30.00


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 Post subject: Re: Petition New York State Supreme Court: Vital Record Amen
UNREAD_POSTPosted: April 5th, 2012, 6:28 pm 
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Joined: August 7th, 2011, 9:09 am
Posts: 250
You may not be an attorney but it sure looks like you are one, nice job. :)

NY's civil procedure is the same from county to county in that the form of action and for that matter the pleadings would be the same. What differs by local rule are the forms used by the clerk's or in some cases the form a pleading should take. Each court has its own motion calendar and procedures for how it conducts business. In most cases a court will grant you leave to amend a pleading if it is deficient as to form. What usually cannot be amended are mistakes in pleading, e.g., failure to state an affirmative defense in an answer.


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