Letter,Correspondence: Arlene Joan Mckenna v. Department Of Health Of The State Of New York

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                                STATE OF NEW YORK
                                                       OFFICE OF THE ATTORNEY GENERAL

                        LETITIA JAMES                                                                       DIVISION OF STATE COUNSEL
                        ATTORNEY GENERAL                                                                          LITIGATION BUREAU




                                                       Writer Direct:   (518)776-2612
                                                              October 25, 2022


              David Cardona, Chief Clerk
              New York State Supreme Court, Albany County
              16 Eagle Street
              Albany, New York 12297

                       Re:      McKenna v. NYSDOH
                                Index No.: 906461-22

              Dear Mr. Cardona:

                       This office represents the respondent in this proceeding. The petitioner is applying for an order that
              directs the Department to amend the birth certificate of petitioner’s father, Andrew Fracaro, who was born in
              Roxbury, New York, on May 14, 1921. Petitioner would amend Andrew Fracaro’s birth certificate such that the
              full name of the father, “John Fracaro,” read instead as “Giovanni Fracaro,” and the full name of the mother,
              “Cristeni Carle,” read instead as “Cristini Carli.” The petitioner also is applying for an order that directs the
              department to release to her a certified copy of the amended birth certificate. Petitioner asserts that she is seeking
              this relief because she is applying for dual citizenship with Italy and needs the record to support her application.

                       Section 4176(4) of the Public Health Law authorizes the Department to amend a birth certificate upon order
              of a court of competent jurisdiction. Public Health Law 4174(1)(b) authorizes the respondent to release a birth
              certificate upon   order  of a  court  of competent    jurisdiction. Accordingly,    the respondent    has no  objections   to
              petitioner’s application and the respondent will comply with an order of the Court directing the amendment and
              release of the subject records upon the receipt of the required fees and application, as long as the Department of
              Health has the records on file.

                       Respondent has no objection to the proposed Order prepared by petitioner’s counsel.

                       Thank you for your attention to this matter.

                                                                                      Respectfully submitted,

                                                                                      /s/ Gregory J. Rodriguez
                                                                                      Gregory J. Rodriguez
                                                                                      Assistant Attorney General
              cc.:     Frank M. Pell, Esq. (via NYCEF)




                                      THE CAPITOL, ALBANY, NY 12224-0341 ● PHONE (518) 776-2300 ● WWW.AG.NY.GOV