Letter,Correspondence: Chaparrelle Mogavero Cline v. Howard A Zucker Md Jd New York State Department of Health

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                                STATE OF NEW YORK
                                                      OFFICE OF THE ATTORNEY GENERAL
          ERIC T. SCHNEIDERMAN                                                                                    DIVISION OF STATE COUNSEL
             ATTORNEY GENERAL                                                                                        LITIGATION BUREAU


                                                          Writer Direct: (518) 776-2606
                                                                      May 2, 2017

                  Charles E. Diamond, Clerk
                  New York State Supreme Court, Albany County
                  16 Eagle Street
                  Albany, NY 12207

                           Re:      Mogavero-Cline v. Zucker
                                    Supreme Court, Albany County Index No.:                902290-17

                  Dear Mr. Diamond:

                           This office represents the Respondent in the above-referenced action. Petitioner is seeking
                  an order that directs the Department to release to petitioner a certified copy of the birth certificate
                  of Petitioner’s great-grandfather, Giuseppe Mogavero, who was born in Mt. Morris, New York,
                  on February 10, 1908.

                           Section 4174(1)(b) of the Public Health Law allows the Department to release a certified
                  birth record “upon order of a court of competent jurisdiction.”             Accordingly, the Department does
                  not object to Petitioner’s application.       The Department will comply with an order to issue the birth
                  record as long as the Department has the record on file.

                           Thank you for your consideration of this matter.

                                                                                 Respectfully submitted,

                                                                                 s/ Shannan C. Krasnokutski
                                                                                 Shannan C. Krasnokutski
                                                                                 Assistant Attorney General

                  Enclosure

                  cc:      Chapparrelle Mogavero-Cline (via NYSECF)




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