Preview
FILED: ERIE COUNTY CLERK 05/11/2022 12:49 PM INDEX NO. 805653/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2022
STATE OF NEW YORK
SUPREME COURT ERIE COUNTY
In the Matter of the Application of
Riley Kovatch
Petitioner,
VERIFIED PETITION
TO RELEASE BIRTH
-against- CERTIFICATE
Index No.:
New York State Department of Health,
Vital Records Section
Respondent.
TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF ERIE:
The Petition of Riley Kovatch respectfully shows to this Court as follows:
80'
1. Petitioner Riley Kovatch resides at 401 E Street, Suite 214, Sioux Falls,
South Dakota 57013.
2. The Respondent is the New York State Department of Health, Vital Records
Section, which is responsible for the maintenance of vital records in the State of New York.
3. By way of this proceeding, Petitioner seeks two (2) certified copies of the
extended form (long-form) certificate of birth of George Anthony Kovatch (Georgius
Kovacs), child of Daniel Kovatch (Daniele Kovacs) and Mary Levy (Maria Levoy), born
the 25th day of May, 1909 in the City of Lackawanna, County of Erie, State of New York.
A copy of the registrant's baptismal certificate from St. Elizabeth's Church in Buffalo,
ONES
New York issued on May 30, 1909 is attached hereto and made a part hereof as "Exhibit
STEVES
ArrORNEYSAT Law
A."
68WESTAVENUE
POBOX4400
SARATOGA NY
SPRINGS,
12866
1
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NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2022
4. Petitioner Riley Kovatch is the great-grandson of George Anthony Kovatch
B"
(Georgius Kovacs). Attached hereto and made a part hereof as "Exhibit is a copy of
Petitioner's birth certificate from the State of California indicating that his father is Michael
George Kovatch.
5. Michael George Kovatch is, in turn, the grandson of George Anthony
C"
Kovatch (Georgius Kovacs). Attached hereto and made a part hereof as "Exhibit is a
copy of Michael George Kovatch's birth certificate from the State of California identifying
his father as George Anthony Kovatch.
6. Lastly, George Anthony Kovatch, Jr. isthe son of George Anthony Kovatch
(Georgius Kovacs). As proof thereof, attached hereto and made a part hereof as "Exhibit
D"
is a certified transcript of birth for George Anthony Kovatch, Jr. from the State of
Michigan identifying his father as George Anthony Kovatch.
7. Petitioner is unsure whether his great-grandfather's birth was registered by
the Respondent under the Hungarian spelling of his name, Georgius Kovacs, or the
American spelling of his name, George Anthony Kovatch. As such, both versions are
referred to in this Petition.
8. George Anthony Kovatch (Georgius Kovacs) died on May 29, 1943 in
Orange County, California. A copy of his death certificate is attached hereto and made a
E."
part hereof as "Exhibit
9. Pursuant to Public Health Law § 4174(1)(b), an order from a court of
ONES
competent jurisdiction is required to obtain a certified copy of a birth certificate when the
STEVES
A FTORNEYSAT IAw
requester is anyone other than i) the person to whom the birth certificate relates (or his or
,s wesr AveNoe
POBOX4400
SARATOGASPRINGS,NY
'
us George Anthony Kovatch was known as George Anthony Kovatch, Jr.
2
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FILED: ERIE COUNTY CLERK 05/11/2022 12:49 PM INDEX NO. 805653/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2022
her lawful representative) or ii)a department of a state or the federal government of the
United States.
10. In accordance with the Department of Health's Rules and Regulations at 10
NYCRR 35.2, a certification of birth shall be issued by the Department of Health when
required for a proper purpose. A proper purpose shall not exist when the record isrequested
for commercial or profitmaking purposes or to satisfy idle curiosity.
11. Petitioner is in the process of applying for Hungarian citizenship. The
certification procedure requires that all vital records (birth, death and marriage) of the
Petitioner and ascendants must be presented to a consulate of the Hungarian Republic.
12. Petitioner has already taken substantial steps to complete his application as
aforesaid by obtaining several vital records of his ancestors necessary to complete the same
and will be scheduling an appointment at a consulate of the Hungarian Republic.
13. Petitioner hereby requests two (2) certified copies of his great-grandfather's
birth certificate as he is unsure whether the certified copy he submits to the Hungarian
authorities will be returned to him at the conclusion of the application process and he would
prefer to avoid the expense of pursuing another certified copy through the Courts of New
York State should the need arise for the same in the future.
14. Petitioner hereby certifies thathis sole purpose in petitioning this Court for
an Order requiring the Respondent to issue certified copies of the birth certificate of George
Anthony Kovatch (Georgius Kovacs) is to complete and submit his application for
ONES
Hungarian citizenship.
STEVES
ArtORNEYSAT law
15. A prior application has not been made for the relief requested herein.
68WESTAVENUE
POBOX4400
SARATOGA NY
SPRINGS,
12866
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FILED: ERIE COUNTY CLERK 05/11/2022 12:49 PM INDEX NO. 805653/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2022
WHEREFORE, the Petitioner prays that this Court grants Petitioner's application
and grants an Order directing that two (2) certified copies of the following extended-form
Certificate of Birth be released to the Petitioner by the Respondent:
Birth Certificate of: George Anthony Kovatch (Georgius Kovacs)
Date of Birth: May 25, 1909
Place of Birth: Lackawanna, New York
Father: Daniel Kovatch (Daniele Kovacs)
Maiden Name of Mother: Mary Levy (Maria Le )
Dated: May 10, 2022
Saratoga County, New York uce D. Steves
JONES STEVES LLP
Attorneys for Petitioner
68 West Avenue
P.O. Box 4400
Saratoga Springs, New York 12866
Tel.: (518) 587-0080
ONES
STEVES
ArroRNEYS AT law
68WESTAVENUE
PODOX4400
SARATOGA NY
SPRINGS,
12866
4
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FILED: ERIE COUNTY CLERK 05/11/2022 12:49 PM INDEX NO. 805653/2022
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2022
STATE OF NEW YORK
SUPREME COURT ERIE COUNTY
In the Matter of the Application of
Riley Kovatch
Petitioner,
ATTORNEY
VERIFICATION
-against-
Index No.:
New York State Department of Health,
Vital Records Section
Respondent.
STATE OF NEW YORK )
) ss.:
COUNTY OF SARATOGA )
The undersigned, an attorney admitted to practice in the courts of New York State,
shows: that deponent is Bruce D. Steves, the attorney of record for the Petitioner in the
within action; that deponent has read the foregoing Petition and knows the contents thereof;
that the same is true to the deponents own knowledge, except as to the matters therein
stated to be alleged on information and belief, and that as to those matters deponent believes
itto be true. Deponent further says that the reason this verification is made by deponent
and not by Petitioner is because the Petitioner does not reside in the county where the
undersigned maintains an office.
P The grounds of deponents belief as to all matters not stated upon deponents
. knowledge are as follows: conversations and correspondence between Petitioner and the
undersigned concerning the subject proceeding.
The undersigned affirms that the foregoing statements are true, under the penalties
of perjury.
Dated: May 10, 2022
Bru . Steves
Sworn to before me this
ONES of M 2022
day
STEVES
68WESTAVENUE O Public
y
POBOX4400
SARATOGA NY
SPRINGS, LAURE EELEY
'²* Notary Public; of New York
Registration 01SH6327310
Qualified In Saratoga Cou
Commission Expires July 6,20
5 of 5
Preview
FILED: ERIE COUNTY CLERK 05/11/2022 12:49 PM INDEX NO. 805653/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2022 STATE OF NEW YORK SUPREME COURT ERIE COUNTY In the Matter of the Application of Riley Kovatch Petitioner, VERIFIED PETITION TO RELEASE BIRTH -against- CERTIFICATE Index No.: New York State Department of Health, Vital Records Section Respondent. TO THE SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF ERIE: The Petition of Riley Kovatch respectfully shows to this Court as follows: 80' 1. Petitioner Riley Kovatch resides at 401 E Street, Suite 214, Sioux Falls, South Dakota 57013. 2. The Respondent is the New York State Department of Health, Vital Records Section, which is responsible for the maintenance of vital records in the State of New York. 3. By way of this proceeding, Petitioner seeks two (2) certified copies of the extended form (long-form) certificate of birth of George Anthony Kovatch (Georgius Kovacs), child of Daniel Kovatch (Daniele Kovacs) and Mary Levy (Maria Levoy), born the 25th day of May, 1909 in the City of Lackawanna, County of Erie, State of New York. A copy of the registrant's baptismal certificate from St. Elizabeth's Church in Buffalo, ONES New York issued on May 30, 1909 is attached hereto and made a part hereof as "Exhibit STEVES ArrORNEYSAT Law A." 68WESTAVENUE POBOX4400 SARATOGA NY SPRINGS, 12866 1 1 of 5 FILED: ERIE COUNTY CLERK 05/11/2022 12:49 PM INDEX NO. 805653/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2022 4. Petitioner Riley Kovatch is the great-grandson of George Anthony Kovatch B" (Georgius Kovacs). Attached hereto and made a part hereof as "Exhibit is a copy of Petitioner's birth certificate from the State of California indicating that his father is Michael George Kovatch. 5. Michael George Kovatch is, in turn, the grandson of George Anthony C" Kovatch (Georgius Kovacs). Attached hereto and made a part hereof as "Exhibit is a copy of Michael George Kovatch's birth certificate from the State of California identifying his father as George Anthony Kovatch. 6. Lastly, George Anthony Kovatch, Jr. isthe son of George Anthony Kovatch (Georgius Kovacs). As proof thereof, attached hereto and made a part hereof as "Exhibit D" is a certified transcript of birth for George Anthony Kovatch, Jr. from the State of Michigan identifying his father as George Anthony Kovatch. 7. Petitioner is unsure whether his great-grandfather's birth was registered by the Respondent under the Hungarian spelling of his name, Georgius Kovacs, or the American spelling of his name, George Anthony Kovatch. As such, both versions are referred to in this Petition. 8. George Anthony Kovatch (Georgius Kovacs) died on May 29, 1943 in Orange County, California. A copy of his death certificate is attached hereto and made a E." part hereof as "Exhibit 9. Pursuant to Public Health Law § 4174(1)(b), an order from a court of ONES competent jurisdiction is required to obtain a certified copy of a birth certificate when the STEVES A FTORNEYSAT IAw requester is anyone other than i) the person to whom the birth certificate relates (or his or ,s wesr AveNoe POBOX4400 SARATOGASPRINGS,NY ' us George Anthony Kovatch was known as George Anthony Kovatch, Jr. 2 2 of 5 FILED: ERIE COUNTY CLERK 05/11/2022 12:49 PM INDEX NO. 805653/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2022 her lawful representative) or ii)a department of a state or the federal government of the United States. 10. In accordance with the Department of Health's Rules and Regulations at 10 NYCRR 35.2, a certification of birth shall be issued by the Department of Health when required for a proper purpose. A proper purpose shall not exist when the record isrequested for commercial or profitmaking purposes or to satisfy idle curiosity. 11. Petitioner is in the process of applying for Hungarian citizenship. The certification procedure requires that all vital records (birth, death and marriage) of the Petitioner and ascendants must be presented to a consulate of the Hungarian Republic. 12. Petitioner has already taken substantial steps to complete his application as aforesaid by obtaining several vital records of his ancestors necessary to complete the same and will be scheduling an appointment at a consulate of the Hungarian Republic. 13. Petitioner hereby requests two (2) certified copies of his great-grandfather's birth certificate as he is unsure whether the certified copy he submits to the Hungarian authorities will be returned to him at the conclusion of the application process and he would prefer to avoid the expense of pursuing another certified copy through the Courts of New York State should the need arise for the same in the future. 14. Petitioner hereby certifies thathis sole purpose in petitioning this Court for an Order requiring the Respondent to issue certified copies of the birth certificate of George Anthony Kovatch (Georgius Kovacs) is to complete and submit his application for ONES Hungarian citizenship. STEVES ArtORNEYSAT law 15. A prior application has not been made for the relief requested herein. 68WESTAVENUE POBOX4400 SARATOGA NY SPRINGS, 12866 3 3 of 5 FILED: ERIE COUNTY CLERK 05/11/2022 12:49 PM INDEX NO. 805653/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2022 WHEREFORE, the Petitioner prays that this Court grants Petitioner's application and grants an Order directing that two (2) certified copies of the following extended-form Certificate of Birth be released to the Petitioner by the Respondent: Birth Certificate of: George Anthony Kovatch (Georgius Kovacs) Date of Birth: May 25, 1909 Place of Birth: Lackawanna, New York Father: Daniel Kovatch (Daniele Kovacs) Maiden Name of Mother: Mary Levy (Maria Le ) Dated: May 10, 2022 Saratoga County, New York uce D. Steves JONES STEVES LLP Attorneys for Petitioner 68 West Avenue P.O. Box 4400 Saratoga Springs, New York 12866 Tel.: (518) 587-0080 ONES STEVES ArroRNEYS AT law 68WESTAVENUE PODOX4400 SARATOGA NY SPRINGS, 12866 4 4 of 5 FILED: ERIE COUNTY CLERK 05/11/2022 12:49 PM INDEX NO. 805653/2022 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/11/2022 STATE OF NEW YORK SUPREME COURT ERIE COUNTY In the Matter of the Application of Riley Kovatch Petitioner, ATTORNEY VERIFICATION -against- Index No.: New York State Department of Health, Vital Records Section Respondent. STATE OF NEW YORK ) ) ss.: COUNTY OF SARATOGA ) The undersigned, an attorney admitted to practice in the courts of New York State, shows: that deponent is Bruce D. Steves, the attorney of record for the Petitioner in the within action; that deponent has read the foregoing Petition and knows the contents thereof; that the same is true to the deponents own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes itto be true. Deponent further says that the reason this verification is made by deponent and not by Petitioner is because the Petitioner does not reside in the county where the undersigned maintains an office. P The grounds of deponents belief as to all matters not stated upon deponents . knowledge are as follows: conversations and correspondence between Petitioner and the undersigned concerning the subject proceeding. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: May 10, 2022 Bru . Steves Sworn to before me this ONES of M 2022 day STEVES 68WESTAVENUE O Public y POBOX4400 SARATOGA NY SPRINGS, LAURE EELEY '²* Notary Public; of New York Registration 01SH6327310 Qualified In Saratoga Cou Commission Expires July 6,20 5 of 5