Wednesday, June 18, 2014

A petition for a delayed birth certificate.

Practice point:  The Appellate Division reversed the granting of the petition seeking to direct respondents to create, file and issue a birth certificate for petitioner's deceased grandfather, and dismissed the Article 78 proceeding.

Student note: New York City Health Code (24 RCNY) § 201.11(c) prohibits, among other things, registering or issuing a delayed birth certificate for a deceased person, and so there is no legal authority for granting the petition.

Case:  Kraar v. New York City Dept. of Health, NY Slip Op 04246 (1st Dept. 2014)

Here is the decision.

Tomorrow's issue: Rear-end and chain collision accidents.