On August 29, 2022 a
Motion-Secondary
was filed
involving a dispute between
Arlene Joan Mckenna,
and
Department Of Health Of The State Of New York,
for Special Proceedings - CPLR Article 78
in the District Court of Albany County.
Preview
FILED: ALBANY COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 906461-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/29/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF ALBANY
__________________________________________
ARLENE JOAN MC KENNA, AFFIRMATION OF
Petitioner, FRANK M. PELL
v.
Index No.: ____________
DEPARTMENT OF HEALTH RJI No.: ______________
OF THE STATE OF NEW YORK Hon.: _________________
_________________________________________
FRANK M. PELL, an attorney duly admitted to the Courts of this State, and attorney for
Petitioner, ARLENE JOAN MC KENNA, affirms the following under the penalties of perjury:
1. I am an attorney at law and am the attorney for the Petitioner herein, ARLENE JOAN
MC KENNA. I make this affirmation in support of her application for an Order directing the Department
of Health of the State of New York to amend a certain birth record of her father and to issue to her a
certified copy of said birth record as amended.
2. As set forth in the Verified Petition of ARLENE JOAN MC KENNA, she is applying for
dual citizenship with Italy because she wishes to re-connect with her Italian heritage now that her parents
have passed away and because she intends to reside in Italy on a part-time basis now that she is retired.
3. As also set forth in said Petition, Ms. McKenna has been advised that, as part of her
application for dual citizenship, she must produce a certified copy of the birth certificate of her father,
Andrew Fracaro, who was born on May 14, 1921 in the Town of Roxbury, Delaware County, New York.
4. Ms. McKenna also sets forth in her Petition that there are inconsistencies between her
Father’s birth certificate and other established records, particularly with respect to the names of her
Father’s Father and Mother. In order that the San Francisco Italian Consulate, which requires consistency
in the records provided to it,may be satisfied,Petitioner requests that her Father’s birth certificate be
amended to reflect his Father’s name as “Giovanni” and that the name of his Mother be changed to
“Cristini Carli.”
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FILED: ALBANY COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 906461-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/29/2022
5. Petitioner requests that she be provided with a certified copy of her Father’s birth
certificate as so amended.
6. Inquiry has been made regarding obtaining said documents and we have been advised
that they may not be issued to Petitioner without a court Order.
7. Upon information and belief, without the documents listed in paragraph “3” hereinabove,
Petitioner’s application for dual citizenship will be denied.
8. No prior application has been made for the relief sought herein.
9. Affirmant respectfully requests that the Court grant this application and issue an Order
directing the Department of Health of the State of New York to issue to Petitioner the requested records.
10. A proposed Order is annexed hereto as Exhibit “D”.
Dated: August 29, 2022
Rensselaerville, New York
________________________________________
Frank M. Pell
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FILED: ALBANY COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 906461-22
NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/29/2022
McLennaArleneJoanFPellAffirmation
3 of 3
Document Filed Date
August 29, 2022
Case Filing Date
August 29, 2022
Category
Special Proceedings - CPLR Article 78
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Preview
FILED: ALBANY COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 906461-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/29/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF ALBANY __________________________________________ ARLENE JOAN MC KENNA, AFFIRMATION OF Petitioner, FRANK M. PELL v. Index No.: ____________ DEPARTMENT OF HEALTH RJI No.: ______________ OF THE STATE OF NEW YORK Hon.: _________________ _________________________________________ FRANK M. PELL, an attorney duly admitted to the Courts of this State, and attorney for Petitioner, ARLENE JOAN MC KENNA, affirms the following under the penalties of perjury: 1. I am an attorney at law and am the attorney for the Petitioner herein, ARLENE JOAN MC KENNA. I make this affirmation in support of her application for an Order directing the Department of Health of the State of New York to amend a certain birth record of her father and to issue to her a certified copy of said birth record as amended. 2. As set forth in the Verified Petition of ARLENE JOAN MC KENNA, she is applying for dual citizenship with Italy because she wishes to re-connect with her Italian heritage now that her parents have passed away and because she intends to reside in Italy on a part-time basis now that she is retired. 3. As also set forth in said Petition, Ms. McKenna has been advised that, as part of her application for dual citizenship, she must produce a certified copy of the birth certificate of her father, Andrew Fracaro, who was born on May 14, 1921 in the Town of Roxbury, Delaware County, New York. 4. Ms. McKenna also sets forth in her Petition that there are inconsistencies between her Father’s birth certificate and other established records, particularly with respect to the names of her Father’s Father and Mother. In order that the San Francisco Italian Consulate, which requires consistency in the records provided to it,may be satisfied,Petitioner requests that her Father’s birth certificate be amended to reflect his Father’s name as “Giovanni” and that the name of his Mother be changed to “Cristini Carli.” 1 of 3 FILED: ALBANY COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 906461-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/29/2022 5. Petitioner requests that she be provided with a certified copy of her Father’s birth certificate as so amended. 6. Inquiry has been made regarding obtaining said documents and we have been advised that they may not be issued to Petitioner without a court Order. 7. Upon information and belief, without the documents listed in paragraph “3” hereinabove, Petitioner’s application for dual citizenship will be denied. 8. No prior application has been made for the relief sought herein. 9. Affirmant respectfully requests that the Court grant this application and issue an Order directing the Department of Health of the State of New York to issue to Petitioner the requested records. 10. A proposed Order is annexed hereto as Exhibit “D”. Dated: August 29, 2022 Rensselaerville, New York ________________________________________ Frank M. Pell 2 of 3 FILED: ALBANY COUNTY CLERK 08/29/2022 05:34 PM INDEX NO. 906461-22 NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 08/29/2022 McLennaArleneJoanFPellAffirmation 3 of 3