Preview
FILED: ERIE COUNTY CLERK 06/23/2021 01:14 PM INDEX NO. 808231/2021
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
IN THE MATTER OF KRISTAN HUTHMACHER
PETITION FOR
RECOGNITION OF
INDIVIDUAL ADULT
CHANGE OF NAME
Petitioner,
INDEX NO.
FOR AN APPLICATION FOR AN ORDER TO
RECOGNIZE THE NAME CHANGE OF
MARK JACOB HUTHMACHER TO KRISTAN HUTHMACHER
TO THE SUPREME COURT OF THE STATE OF NEW YORK:
The Petitioner respectfully shows to the Court:
1. The Petitioner's present name is Kristan Huthmacher, but the name given to her at birth
was Mark Jacob Huthmacher.
2. The Petitioner presently resides at 244 Morningside Road, Salt Spring Island, British
Columbia, V8K 1V8, Canada.
3. Petitioner was born in Buffalo, New York on June 5, 1955, and is now 66 years old (see
Exhibit A, Petitioner's birth certificate).
4. Petitioner is not responsible for spousal support.
5. Petitioner is not responsible for child support.
6. Petitioner has never been convicted of a crime.
7. Petitioner has never been adjudicated bankrupt.
8. To Petitioner's knowledge and belief, there are no judgments or liens of record and no
actions pending against Petitioner in this or any court of the United States, any
governmental subdivision thereof, or elsewhere whether the court be of record or not.
There are no cunc11t bankruptcy or insolvency proceedings, voluntary or involuntary,
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pending against Petitioner in any court whatsoever or before any officer, person, body or
board having jurisdiction thereof and Petitioner has not, at any time, made any
assignment for the benefit of a creditor.
9. Petitioner has previously obtained two administrative (i.e., non-judicial) name changes in
British Columbia, Canada.
a. Pursuant to the Name Act of British Columbia, Canada (Chapter 328, R.S.B.C.
1996), on October 7, 2013, the Petitioner obtained a legal change of name from
the Vital Statistics Agency of the Province of British Columbia, Canada, from
Mark Jacob Huthmacher to MJ Huthmacher (see Exhibit B, Petitioner's
Certificate of Change of Name No. 55667574, dated 10/7/2013).
b. Pursuant to the Name Act of British Columbia, Canada (Chapter 328, R.S.B.C.
1996), on June 30, 2014, the Petitioner obtained a legal change of name from the
Vital Statistics Agency of the Province of British Columbia, Canada, from MJ
Huthmacher to Kristan Huthmacher (see Exhibit C, Petitioner's Certificate of
Change of Name No. 55712331, dated 6/30/2014).
10. Petitioner requests leave for this Court's recognition of her legal change of name granted
in Canada so that she can correct the name listed on her birth certificate issued by the
New York State Department of Health.
a. The Petitioner is transgender, and she obtained a name change in the country of
her current residence because this is the name the Petitioner is known by in every
aspect of life. The Petitioner needs to obtain government-issued identity
documents that accurately reflect this new name.
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b. The New York State Department of Health Vital Records Office will not correct
order"
the Petitioner's State birth certificate without "an authorizing court (see
Exhibit D, Email from NYS DOH to Petitioner Dated January 22, 2021; and
Exhibit E, Form DOH-5305 "Application for Correction of Certificate of Birth for
Gender Designation for an Adult").
c. The Petitioner's former name chañges were obtained through an administrative
process pursuant to the laws of the province of British Columbia, Canada, and
therefore does not have the requisite court order to submit to the New York State
Department of Health.
d. The Petitioner's birth certificate issued by the New York State Department of
Health is the only and final government-issued document that inaccurately reflects
a name by which she no longer identifies (see e.g., Exhibit F, Petitioner's US
Passport Reflecting Petitioner's New Legal Name).
e. The Petitioner herein seeks an order from this Court recognizing her valid legal
name change abroad and ordering the New York State Department of Health to
amend her birth certificate accordingly.
11. The Petitioner's given name, as it appears on her New York State birth certificate,
exposes the Petitioner to transphobic animus and violence because it does not align with
the Petitioner's personal appearance and identity. The Petitioner has experienced
transphobic animus when using identity documents reflecting the Petitioner's given
name. The Petitioner would like to be able to move through all aspects of life without
involuntarily revealing the Petitioner's transgender identity and jeopardizing the
Petitioner's personal safety.
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12. Petitioner respectfully requests that notice of the Order granting this name change be
exempted from publication and the court records associated with this case be sealed both
temporarily and permanently from the public, pursuant to Civil Rights Law § 64-a (1)
and (2). Because the Petitioner has experienced transphobic animus due to her given
name on identity documents, the Petitioner fears that both public access to and
publication of this name change will effectively disclose Petitioner's transgender status to
the community and thus place Petitioner at increased risk.
petitioners'
13. Trâüsgender gender identity status alone has been considered sufficient
evidence that they are at risk of being targeted with hate violence; therefore, based on the
totality of their circumstances, applicants for adult name changes who are transgender
have not been required by some courts to show a personal history of victimization before
being granted name change relief. In re E.P.L., 26 Misc.3d 336 (N.Y. Sup. Ct.
Westchester Co. 2009) (waiving the publication requirements where a transgender
petitioner articulated a fear of violence and discrimination based on their status as a
transgender individual); Matter of J.A.L., Jr., 53 Misc.3d 1220(A), 2016 N.Y. Slip Op
51758(U) (N.Y. Sup. Ct. Suffolk Co. 2016) (affirming the finding of In re E.P.L.); Matter
of MM.H., 2020 NY Slip Op 51544(U) (N.Y. Sup. Erie Co. 2020) (affirming the finding
of In re E.P.L.).
14. Should waiver of publication and permanent sealing be denied, Petitioner respectfully
requests that the Court's Order permit that notice shall be published with Petitioner's
personal information omitted or redacted, as the Court deems proper.
identifying
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15. Should the Court find this petition deficient in any aspect, Petitioner respectfully requests
leave to renew or supplement the application with additional information as the Court
may require.
WHEREFORE, Petitioner respectfully prays for an Order formally recognizing the
Petitioner's name change, as granted administratively in Canada, and directing the New York
State Department of Health to amend the Petitioner's birth certificate to reflect her new legal
name, Kristan Huthmacher.
Dated: Óu ps 7 So ( Respectfully Submitted,
Petitioner
INDIVIDUAL VERIFICATION
This is to certify that I hereby depose and affirm under penalty of perjury that I am the Petitioner
in the above-captioned action. I have read the foregoing Petition, know the contents thereof·, that
the same is true to my own knowledge, except as to those matters stated to be alleged on
information and belief, and as to those matters I believe them to be true.
Sworn to before me this
day of JU v 4 , 201 / d,
Petitioner
N ry Publi
JAMES PAd o ..,
Solicitor
Barrister &
Fulford-Ganges Road
560 P.O.
Ganges
Box 414. 2W1
SaltSpringisland, B.C. V8K
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Preview
FILED: ERIE COUNTY CLERK 06/23/2021 01:14 PM INDEX NO. 808231/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE IN THE MATTER OF KRISTAN HUTHMACHER PETITION FOR RECOGNITION OF INDIVIDUAL ADULT CHANGE OF NAME Petitioner, INDEX NO. FOR AN APPLICATION FOR AN ORDER TO RECOGNIZE THE NAME CHANGE OF MARK JACOB HUTHMACHER TO KRISTAN HUTHMACHER TO THE SUPREME COURT OF THE STATE OF NEW YORK: The Petitioner respectfully shows to the Court: 1. The Petitioner's present name is Kristan Huthmacher, but the name given to her at birth was Mark Jacob Huthmacher. 2. The Petitioner presently resides at 244 Morningside Road, Salt Spring Island, British Columbia, V8K 1V8, Canada. 3. Petitioner was born in Buffalo, New York on June 5, 1955, and is now 66 years old (see Exhibit A, Petitioner's birth certificate). 4. Petitioner is not responsible for spousal support. 5. Petitioner is not responsible for child support. 6. Petitioner has never been convicted of a crime. 7. Petitioner has never been adjudicated bankrupt. 8. To Petitioner's knowledge and belief, there are no judgments or liens of record and no actions pending against Petitioner in this or any court of the United States, any governmental subdivision thereof, or elsewhere whether the court be of record or not. There are no cunc11t bankruptcy or insolvency proceedings, voluntary or involuntary, 1 1 of 5 FILED: ERIE COUNTY CLERK 06/23/2021 01:14 PM INDEX NO. 808231/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/23/2021 pending against Petitioner in any court whatsoever or before any officer, person, body or board having jurisdiction thereof and Petitioner has not, at any time, made any assignment for the benefit of a creditor. 9. Petitioner has previously obtained two administrative (i.e., non-judicial) name changes in British Columbia, Canada. a. Pursuant to the Name Act of British Columbia, Canada (Chapter 328, R.S.B.C. 1996), on October 7, 2013, the Petitioner obtained a legal change of name from the Vital Statistics Agency of the Province of British Columbia, Canada, from Mark Jacob Huthmacher to MJ Huthmacher (see Exhibit B, Petitioner's Certificate of Change of Name No. 55667574, dated 10/7/2013). b. Pursuant to the Name Act of British Columbia, Canada (Chapter 328, R.S.B.C. 1996), on June 30, 2014, the Petitioner obtained a legal change of name from the Vital Statistics Agency of the Province of British Columbia, Canada, from MJ Huthmacher to Kristan Huthmacher (see Exhibit C, Petitioner's Certificate of Change of Name No. 55712331, dated 6/30/2014). 10. Petitioner requests leave for this Court's recognition of her legal change of name granted in Canada so that she can correct the name listed on her birth certificate issued by the New York State Department of Health. a. The Petitioner is transgender, and she obtained a name change in the country of her current residence because this is the name the Petitioner is known by in every aspect of life. The Petitioner needs to obtain government-issued identity documents that accurately reflect this new name. 2 2 of 5 FILED: ERIE COUNTY CLERK 06/23/2021 01:14 PM INDEX NO. 808231/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/23/2021 b. The New York State Department of Health Vital Records Office will not correct order" the Petitioner's State birth certificate without "an authorizing court (see Exhibit D, Email from NYS DOH to Petitioner Dated January 22, 2021; and Exhibit E, Form DOH-5305 "Application for Correction of Certificate of Birth for Gender Designation for an Adult"). c. The Petitioner's former name chañges were obtained through an administrative process pursuant to the laws of the province of British Columbia, Canada, and therefore does not have the requisite court order to submit to the New York State Department of Health. d. The Petitioner's birth certificate issued by the New York State Department of Health is the only and final government-issued document that inaccurately reflects a name by which she no longer identifies (see e.g., Exhibit F, Petitioner's US Passport Reflecting Petitioner's New Legal Name). e. The Petitioner herein seeks an order from this Court recognizing her valid legal name change abroad and ordering the New York State Department of Health to amend her birth certificate accordingly. 11. The Petitioner's given name, as it appears on her New York State birth certificate, exposes the Petitioner to transphobic animus and violence because it does not align with the Petitioner's personal appearance and identity. The Petitioner has experienced transphobic animus when using identity documents reflecting the Petitioner's given name. The Petitioner would like to be able to move through all aspects of life without involuntarily revealing the Petitioner's transgender identity and jeopardizing the Petitioner's personal safety. 3 3 of 5 FILED: ERIE COUNTY CLERK 06/23/2021 01:14 PM INDEX NO. 808231/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/23/2021 12. Petitioner respectfully requests that notice of the Order granting this name change be exempted from publication and the court records associated with this case be sealed both temporarily and permanently from the public, pursuant to Civil Rights Law § 64-a (1) and (2). Because the Petitioner has experienced transphobic animus due to her given name on identity documents, the Petitioner fears that both public access to and publication of this name change will effectively disclose Petitioner's transgender status to the community and thus place Petitioner at increased risk. petitioners' 13. Trâüsgender gender identity status alone has been considered sufficient evidence that they are at risk of being targeted with hate violence; therefore, based on the totality of their circumstances, applicants for adult name changes who are transgender have not been required by some courts to show a personal history of victimization before being granted name change relief. In re E.P.L., 26 Misc.3d 336 (N.Y. Sup. Ct. Westchester Co. 2009) (waiving the publication requirements where a transgender petitioner articulated a fear of violence and discrimination based on their status as a transgender individual); Matter of J.A.L., Jr., 53 Misc.3d 1220(A), 2016 N.Y. Slip Op 51758(U) (N.Y. Sup. Ct. Suffolk Co. 2016) (affirming the finding of In re E.P.L.); Matter of MM.H., 2020 NY Slip Op 51544(U) (N.Y. Sup. Erie Co. 2020) (affirming the finding of In re E.P.L.). 14. Should waiver of publication and permanent sealing be denied, Petitioner respectfully requests that the Court's Order permit that notice shall be published with Petitioner's personal information omitted or redacted, as the Court deems proper. identifying 4 4 of 5 FILED: ERIE COUNTY CLERK 06/23/2021 01:14 PM INDEX NO. 808231/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/23/2021 15. Should the Court find this petition deficient in any aspect, Petitioner respectfully requests leave to renew or supplement the application with additional information as the Court may require. WHEREFORE, Petitioner respectfully prays for an Order formally recognizing the Petitioner's name change, as granted administratively in Canada, and directing the New York State Department of Health to amend the Petitioner's birth certificate to reflect her new legal name, Kristan Huthmacher. Dated: Óu ps 7 So ( Respectfully Submitted, Petitioner INDIVIDUAL VERIFICATION This is to certify that I hereby depose and affirm under penalty of perjury that I am the Petitioner in the above-captioned action. I have read the foregoing Petition, know the contents thereof·, that the same is true to my own knowledge, except as to those matters stated to be alleged on information and belief, and as to those matters I believe them to be true. Sworn to before me this day of JU v 4 , 201 / d, Petitioner N ry Publi JAMES PAd o .., Solicitor Barrister & Fulford-Ganges Road 560 P.O. Ganges Box 414. 2W1 SaltSpringisland, B.C. V8K 5 5 of 5