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FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024
SUPREME COURT OF THE STATE OF NEW
YORK
COUNTY OF ALBANY
In the Matter of the Petition of
DIANE MARY LAMANNA,
VERIFIED AND
Petitioner, AFFIRMED
PETITION
for a Judgement pursuant to Article 78 of the CPLR,
Section 4174 & 4176 of Public Health Law, Domestic
Relations Law Section 20, and Section 3001 of the Index No.:
CPLR,
V.
NEW YORK STATE DEPARTMENT OF
HEALTH, and
CITY OF BUFFALO,
Respondents.
_____________________________________________
Petitioner, DIANE MARY LAMANNA, hereinafter “Petitioner”, as and for her Verified
Petition pursuant to Article 78 of the Civil Practice Law and Rules, Section 4174 & 4176 of the
Public Health Law, Domestic Relations Law Section 20, and Section 3001 of the CPLR, by and
through her attorney, Caterina Ranieri, Esq., respectfully alleges as follows:
1. Petitioner is an individual over 18 years of age and resides at 5 Sussex Lane,
Lancaster, New York, 14086.
2. Respondent, New York State Department of Health, hereinafter “Respondent” is an
agency charged by statute with the responsibility of, among others, gathering and
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maintaining statistics and records of births, marriages, deaths, and divorces in the
State of New York through its Bureau of Vital Records.
3. Respondent, City of Buffalo, hereinafter “City Respondent” is an agency charged by
statute with the responsibility of, among others, gathering and maintaining statistics
and records of births, marriages, deaths, and divorces in the State of New York
through its Bureau of Vital Records.
4. Petitioner makes this petition for an order, pursuant to Article 78 of the Civil Practice
Law and Rules, section 4174 & 4176 of the Public Health Law, and Domestic
Relations Law Section 20, directing both State and City Respondents to correct and
release certified long-form copies of Petitioner's ancestors’ New York State vital
records as more fully described below. Petitioner further requests that said vital
records be released in a form consistent with the requirements of the New York
State Department of State to Petitioner for the purpose of obtaining an apostille and
used for Italian citizenship application purposes.
5. Petitioner further makes this application pursuant to section 3001 of the Civil Practice
Law and Rules for a declaration with regard to her grandfather’s identity as further
explained below.
6. That the attached exhibits are true and correct copies of the original documents in
Petitioner's possession.
LIST OF EXHIBITS
Exhibit A Petitioner’s New York State Birth Certificate
Exhibit B Petitioner’s New York State Marriage Record
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Exhibit C Petitioner’s Father’s New York State Certification of Birth and
Genealogical Birth Certificate
Exhibit D Petitioner’s Parents’ 1937 New York State Marriage Index
Exhibit E Petitioner’s Father’s New York State Death Certificate
Exhibit F Petitioner’s Mother’s New York State Death Certificate
Exhibit G Italian Consulate of New York City Citizenship Application
Checklist
Exhibit H Petitioner’s Grandfather’s Italian Birth Certificate with English
Translations
Exhibit I Petitioner’s Grandparents’ Italian Marriage Certificate with
English Translations
Exhibit J Petitioner’s Grandfather’s New York State Death Certificate
Exhibit K List of Italian Consulates within the United States and their
Respective Jurisdictions
BACKGROUND
7. Petitioner, DIANE MARY POLLINO, was born on , in the City of
Buffalo, County of Erie, State of New York, [Exhibit A] and married on September
7, 1968, in the City of Buffalo, County of Erie, State of New York. [Exhibit B]
8. Petitioner’s father, ROSSOLINO POLLINO (also identified as ROSOLINO
POLLINA), was born on , in the City of Buffalo, County of Erie,
State of New York, [Exhibit C] and married on June 26, 1937, in the City of Buffalo,
County of Erie, State of New York. [Exhibit D] He died on May 11, 1985, in the City
of Buffalo, County of Erie, State of New York. [Exhibit E]
9. Petitioner’s grandfather, ORAZIO POLLINA, was born on , in the
Municipality of Valledomo, Italy, [Exhibit H] and married on January 14, 1905, in
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the Municipality of Valledomo, Italy. [Exhibit I] He died on May 2, 1972, in the City
of Buffalo, County of Erie, State of New York. [Exhibit J]
10. Petitioner has thereby established her relationship to her parents and her grandfather
and that she has standing to request the documents herein.
11. Petitioner is a citizen of the United States and is in the process of applying for dual
citizenship with Italy. The Petitioner is eligible to claim Italian citizenship while
retaining her American citizenship (holding dual citizenship).
12. As part of her application process, Petitioner requires certified long-form copies of
her ancestors’ NYS birth, marriage, and death records be released by both
Respondents so that she may submit said document as part of her and her family’s
application for citizenship with Italy.
First Cause of Action: Petitioner’s Request for Certified Copies of Her Father’s
New York State Birth Certificate Pursuant to Public Health Law Section 4174 and
Article 78 of the CPLR:
13. Pursuant to according to New York State Department of Health’s regulations, and
NYS PHL Section 4174, a person may only obtain a certified copy of a birth
certificate if:
• The person is named on the certificate;
• The person is the stated parent of the person named on the birth certificate; or
• The person obtains an Order of a New York State court directing the New York
State Department of Health to release the birth certificate.
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14. Petitioner, not being named on her father’s birth certificate, requires an order of this
Court directing State and City Respondents to release certified long-form
copies of said document to Petitioner or Petitioner’s attorney. Said document is
necessary as it is required as part of Petitioner’s application for recognition of Italian
citizenship with the Italian authorities.
15. Since the subject birth took place in 1911 and State Respondent did not require the
reporting of births until 19131, it may very well be that the document is in the custody
of the City Respondent. For this reason, Petitioner has named the City Respondent in
this matter.
16. Petitioner therefore respectfully requests an order of this Court directing both
Respondents to release three (3) certified copies of the subject birth certificate in a
form that the New York State Department of State will issue an Apostille as follows
to Petitioner or Petitioner’s attorney:
• Petitioner's father, ROSSOLINO POLLINO (also identified as ROSOLINO
POLLINA), was born on , in the City of Buffalo, County of
Erie, State of New York, to parents ORAZIO POLLINO (also identified as
ORAZIO POLLINA) and COSIMA PECORARO. A copy of his birth certificate
is attached at Exhibit C. A copy of his death certificate is attached at Exhibit E.
Second Cause of Action: Petitioner’s Request for the Release of Her Parents’
New York State Marriage Document Pursuant to New York State Domestic
Relations Law Section 20:
Section 382 of the Law of New York in 1913
1
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17. Petitioner further requires certified copies of her parents’ long-form New York State
marriage certificate. Petitioner includes documentation from the New York State
Marriage Index of 1937 which indicates RUSSELL F. POLLINO married MARY D.
MONTESANO on June 26, 1937, in the City of Buffalo, County of Erie, State of
New York, certificate number 24633. [Exhibit D] Petitioner requires her parent's
certified long-form marriage as part of her Italian citizenship application. Copies of
Petitioner’s parents' death certificates are attached at Exhibits E and F, respectively.
Petitioner respectfully requests that three (3) certified long form copies of the
marriage record be released pursuant to Domestic Relations Law Section 20 in a form
consistent with the requirements of the New York State Department of State to
Petitioner for the purpose of obtaining an apostille as follows to Petitioner or
Petitioner’s attorney:
GROOM’S BRIDE’S PLACE OF DATE OF CERTIFICATE
NAME NAME EVENT EVENT NUMBER
RUSSELL MARY D. Buffalo, Erie June 26, 1937 24633
F. MONTESANO County, New
POLLINO York
Third Cause of Action: Petitioner’s Request for Correction and Release of Certified
Long Form Copies of Her Grandfather's New York State Death Certificate
Pursuant to Public Health Law Section 4174(a) & 4176:
18. Petitioner further requests the correction and release of her deceased grandfather,
GEORGE POLLINO’s (also identified as ORAZIO POLLINO) New York State
death certificate. Petitioner’s grandfather passed away on May 2, 1972, in the City of
Buffalo, County of Erie, State of New York. [Exhibit J]
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19. According to the New York State Department of Health’s regulations and NYS
Public Health Law section 4174(a), the commissioner shall, upon request, issue a
certified copy of a death certificate if:
1. when a documented medical need has been demonstrated,
2. when a documented need to establish a legal right or claim has been
demonstrated, or
3. when needed for medical or scientific research approved by the State Health
Commissioner,
4. when needed for statistical or epidemiological purposes approved by the State
Health Commissioner.
5. upon specific request by municipal, state or federal agencies for statistical or
official purposes
6. upon specific request of the spouse, sibling, children, or parents of the
deceased or the lawful representative of such persons, or
7. pursuant to the order of a court of competent jurisdiction on a showing of
necessity. [NYS Public Health Law Section 4174(a), italics added]
20. Per PHL Sections 4174(a)(2) and (7), Petitioner has established a legal right to said
document by demonstrating with the exhibits provided herein that said certified death
certificate is required as part of her application in applying for recognition of
citizenship with Italy. [Exhibit G, relevant portion highlighted] The Italian
Consulate of New York City’s citizenship application checklist requirements states
under the section Required Documents – Vital Records Documents: Death certificate:
Original extended certified copy with parents’ name (if any). [Exhibit G]
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21. Petitioner is the grandchild of the deceased and requires her grandfather’s death
certificate be corrected as part of her application for citizenship with Italy. Petitioner
therefore makes said request pursuant to Public Health Law Section 4176 for an order
directing the correction of her father’s New York State death certificate.
22. Pursuant to Public Health Law Section 4176, corrections may be made to death
certificates held by the Respondents.
23. A review of Petitioner's grandfather’s death certificate denotes the errors listed below.
Accordingly, in order to be in compliance with what the Italian authorities require,
Petitioner respectfully requests that the following corrections are made:
A. Petitioner’s Grandfather’s New York State Death Certificate [Exhibit J]
Name of Deceased: GEORGE POLLINO
Should Read: ORAZIO POLLINA
Date of Death: May 2, 1972
Place of Death: City of Buffalo, County of Erie, State of New York
Age of Deceased: 84
Should Read: 91
Decedent Born:
Should Read:
Father’s Name: THOMAS POLLINO
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Should Read: DAMIANO POLLINA
Mother’s Name: UNKNOWN
Should Read: ROSALIA PANEPINTO
ERROR SUPPORTING
FACT
DOCUMENTATION
Name of Deceased: ORAZIO POLLINA
Exhibits H, I
GEORGE POLLINO (as it should state on document)
Age of Deceased: 91
Exhibits H, I
84 (as it should state on document)
Decedent Born:
Exhibit H, I
(as it should state on document)
Father’s Name: DAMIANO POLLINA
Exhibit H
THOMAS POLLINO (as it should state on document)
Mother’s Name: ROSALIA PANEPINTO
Exhibit H
UNKNOWN (as it should state on document)
24. Petitioner respectfully requests an order of this Court directing both Respondents to
correct and release three (3) certified copies of Petitioner’s grandfather’s death
certificate who passed away on May 2, 1972, in the City of Buffalo, County of Erie,
State of New York, in a form consistent with the requirements of the New York
State Department of State to Petitioner for the purpose of obtaining an apostille as
Petitioner has demonstrated a legal need for said document.
Fourth Cause of Action: Petitioner’s Request for a Declaration of This Court
Pursuant to CPLR Section 3001 with Regard to Petitioner’s Grandfather’s Identity:
25. A review of the various records to be submitted by Petitioner to the Italian authorities
and attached herein show discrepancies and inconsistencies within the records that are
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believed to be due to the result of clerical errors and/or lack of knowledge of the
informants and/or the personal choice of the individuals cited within the attached
records to assume names different than that on their birth certificates.
26. The Italian Republic will not recognize Petitioner’s Italian citizenship through
descent (i.e., jure sanguinis) unless the aforementioned discrepancies relating to her
grandfather are addressed with a Judgment of this Court. Petitioner, a resident of the
State of New York, lives within the jurisdiction of the Italian Consulate of New York
City. [Exhibit K] Per the Italian Consulate of New York City’s website:
[n]ames and parents’ names on all documents (marriage, death,
etc.) must correspond to the names as indicated on birth
certificates. Any discrepancy on the documents must be amended.
[Exhibit G, relevant portions highlighted]
27. Similar relief has been granted in similar cases as per Matter of Severo v New York
City Department of Health and Mental Hygiene, 2019 NY Slip Op 31921 [U], 2019
NY Misc LEXIS, 3624 [Sup Ct, N.Y. County Jul. 5, 2019]; Matter of Johnson, 2019
NY Misc LEXIS 7582 [Sup Ct, Erie County, Dec. 20, 2019]; In Re Baratta, 2019 NY
Misc. LEXIS 7698 [Sup Ct, Erie County, Nov. 9, 2019]
28. In Severo, Petitioners requested declaratory relief with regard to their grandmother’s
identity who was born in 1916. The New York County Supreme Court granted,
among other things, declaratory relief with regard to the grandmother’s identity based
upon the documents Petitioners provided with regard to her identity.
29. In Johnson, the Petitioner requested declaratory relief with regard to his deceased
great-grandfather who was born in Italy in 1892. The Court granted the relief and
confirmed the grandfather's identity.
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30. In Baratta, Petitioner requested a declaration with regard to her deceased
grandparents who was born in Italy in the late 1880’s. The Erie County Supreme
Court granted declaratory relief with regard to the grandfather’s identity.
31. Petitioner therefore respectfully requests pursuant to NYS CPLR Section 3001, this
court enter a one and the same declaration with regard to Petitioner’s grandfather’s
identity as further addressed below.
Petitioner’s Grandfather, ORAZIO POLLINA
32. Petitioner’s grandfather was born with the name, ORAZIO POLLINA [Exhibit I]
Petitioner’s grandfather’s first name on his death certificate and his son’s death
certificate is listed as GEORGE. Petitioner’s grandfather, being the decedent, was
not able to review the information that was reported on his death certificate. Further,
he was no longer living when his son died, and the grandfather’s information was not
reported accurately on his son’s death certificate. Petitioner believes her grandfather
started using the name GEORGE instead of ORAZIO in order to blend into American
culture, find gainful employment, and to be able to support his family. It is well
known in American history many people who emigrated to this country from non-
English speaking countries or found themselves leaving their home country of
financial hardship only to endure a different hardship in this country. 2
2https://www.loc.gov/classroommaterials/immigration/italian/thegreatarrival/
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33. Further, the family surname of POLLINA eventually became POLLINO, which is the
current version of the family surname. We see this minor switch from POLLINA to
POLLINO with the birth of Petitioner’s father. [Exhibit C] Petitioner believes this
was a minor transcription error, as English was not Petitioner’s grandfather’s first
language. In any event, the details on Petitioner’s grandfather’s documents listed
below have sufficient overlap so as to establish and confirm his identity as one and
the same. To that end, Petitioner has personal knowledge sufficient to establish the
identity of her grandfather, ORAZIO POLLINA, namely that:
A. ORAZIO POLLINA, born on , in the Municipality of Valledolmo,
Italy, to parents DAMIANO POLLINA and ROSALIA PANEPINTO, as
identified on his translated Italian extract of birth, issued by the Municipality of
Valledolmo; [Exhibit H]
B. ORAZIO POLLINA, born on , in the Municipality of Valledolmo,
Italy, husband of COSIMA PECORARO, as identified on his translated Italian
extract of marriage, issued by the Municipality of Valledolmo, Italy, dated
January 14, 1905; [Exhibit I]
C. GEORGE POLLINO, 84 years of age, born on , in Italy, son of
THOMAS POLLINO and UNKNOWN, as identified on his New York State
death certificate, dated May 2, 1972; [Exhibit J]
D. ORAZIO POLLINA, 27 years of age, born in Italy, father of ROSOLINO
POLLINA, spouse of COSIMA PECORARO, as identified on his son’s New
York State genealogical birth certificate, dated December 3, 1911; [Exhibit C]
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E. GEORGE POLLINO, father of RUSSELL F. POLLINO, spouse of COSIMA
PECORARO, as identified on his son’s New York State death certificate, dated
May 11, 1985; [Exhibit E]
...are all ONE AND THE SAME person.
CONCLUSION
34. Based on the foregoing, Petitioner respectfully requests an order of this Court
directing both City and State Respondents to provide certified copies of her father’s
birth certificate, her parents’ marriage certificate, and her grandfather's death
certificate and that said documents be released in a format that may receive apostilles
from the New York State Department of State. Petitioner further respectfully
requests that this Court issue a one and the same declaration in regard to her
grandfather’s identity.
35. Petitioner hereby stipulates that said order and declaration are requested for the
purpose of applying for dual citizenship with the United States of America and the
Italian Republic and not for the establishment of rights of inheritance or for any other
purpose.
36. In that regard, Petitioner represents and affirms that she will use said documentation
for no other purpose and will neither publish nor publicly disseminate such
documentation for any other purpose.
37. Finally, because the exhibits to this Petition are vital records and by default contain
Confidential Personal Information (“CPI”) as defined by NYCRR Section
202.5(e)(1), and because these unredacted exhibits become a part of the publicly
accessible file maintained by the Albany County Clerk’s Office, Petitioner requests
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that this Court, upon the final determination of this matter, restrict public access and
public viewing of the unredacted exhibits and any other document containing CPI,
such as an order of this Court, and that only the parties, the parties’ attorneys, court
personnel be granted permission to view same.
THEREFORE, Petitioner respectfully requests an Order of this Court:
a. Directing State and City Respondents to release three (3) certified copies of
Petitioner’s father’s New York State birth certificate;
b. Directing State and City Respondents to release three (3) certified copies of
Petitioner’s parents’ New York State marriage certificate;
c. Directing State and City Respondents to correct and release three (3) certified copies
of Petitioner’s grandfather’s corrected New York State death certificate;
d. Confirming the identity of Petitioner’s grandfather as set forth in this petition as one
and the same individual;
e. Directing the Albany County Clerk’s office to restrict the public access of the
unredacted exhibits in this Petition, and all other related filings containing CPI, to the
parties, the parties’ attorneys of record, and court personnel; and such other and
further relief this Court deems just and proper.
Dated: November 20, 2023
Syracuse, NY
CATERINA RANIERI, PC
______________________________
Caterina Ranieri, Esq.
Attorney for Petitioner
519 East Genesee Street
PO Box 588
Fayetteville, New York 13066
315-409-1091
Caterina@Article78Attorney.com
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FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY In the Matter of the Petition of DIANE MARY LAMANNA, VERIFIED AND Petitioner, AFFIRMED PETITION for a Judgement pursuant to Article 78 of the CPLR, Section 4174 & 4176 of Public Health Law, Domestic Relations Law Section 20, and Section 3001 of the Index No.: CPLR, V. NEW YORK STATE DEPARTMENT OF HEALTH, and CITY OF BUFFALO, Respondents. _____________________________________________ Petitioner, DIANE MARY LAMANNA, hereinafter “Petitioner”, as and for her Verified Petition pursuant to Article 78 of the Civil Practice Law and Rules, Section 4174 & 4176 of the Public Health Law, Domestic Relations Law Section 20, and Section 3001 of the CPLR, by and through her attorney, Caterina Ranieri, Esq., respectfully alleges as follows: 1. Petitioner is an individual over 18 years of age and resides at 5 Sussex Lane, Lancaster, New York, 14086. 2. Respondent, New York State Department of Health, hereinafter “Respondent” is an agency charged by statute with the responsibility of, among others, gathering and 1 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 maintaining statistics and records of births, marriages, deaths, and divorces in the State of New York through its Bureau of Vital Records. 3. Respondent, City of Buffalo, hereinafter “City Respondent” is an agency charged by statute with the responsibility of, among others, gathering and maintaining statistics and records of births, marriages, deaths, and divorces in the State of New York through its Bureau of Vital Records. 4. Petitioner makes this petition for an order, pursuant to Article 78 of the Civil Practice Law and Rules, section 4174 & 4176 of the Public Health Law, and Domestic Relations Law Section 20, directing both State and City Respondents to correct and release certified long-form copies of Petitioner's ancestors’ New York State vital records as more fully described below. Petitioner further requests that said vital records be released in a form consistent with the requirements of the New York State Department of State to Petitioner for the purpose of obtaining an apostille and used for Italian citizenship application purposes. 5. Petitioner further makes this application pursuant to section 3001 of the Civil Practice Law and Rules for a declaration with regard to her grandfather’s identity as further explained below. 6. That the attached exhibits are true and correct copies of the original documents in Petitioner's possession. LIST OF EXHIBITS Exhibit A Petitioner’s New York State Birth Certificate Exhibit B Petitioner’s New York State Marriage Record 2 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 Exhibit C Petitioner’s Father’s New York State Certification of Birth and Genealogical Birth Certificate Exhibit D Petitioner’s Parents’ 1937 New York State Marriage Index Exhibit E Petitioner’s Father’s New York State Death Certificate Exhibit F Petitioner’s Mother’s New York State Death Certificate Exhibit G Italian Consulate of New York City Citizenship Application Checklist Exhibit H Petitioner’s Grandfather’s Italian Birth Certificate with English Translations Exhibit I Petitioner’s Grandparents’ Italian Marriage Certificate with English Translations Exhibit J Petitioner’s Grandfather’s New York State Death Certificate Exhibit K List of Italian Consulates within the United States and their Respective Jurisdictions BACKGROUND 7. Petitioner, DIANE MARY POLLINO, was born on , in the City of Buffalo, County of Erie, State of New York, [Exhibit A] and married on September 7, 1968, in the City of Buffalo, County of Erie, State of New York. [Exhibit B] 8. Petitioner’s father, ROSSOLINO POLLINO (also identified as ROSOLINO POLLINA), was born on , in the City of Buffalo, County of Erie, State of New York, [Exhibit C] and married on June 26, 1937, in the City of Buffalo, County of Erie, State of New York. [Exhibit D] He died on May 11, 1985, in the City of Buffalo, County of Erie, State of New York. [Exhibit E] 9. Petitioner’s grandfather, ORAZIO POLLINA, was born on , in the Municipality of Valledomo, Italy, [Exhibit H] and married on January 14, 1905, in 3 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 the Municipality of Valledomo, Italy. [Exhibit I] He died on May 2, 1972, in the City of Buffalo, County of Erie, State of New York. [Exhibit J] 10. Petitioner has thereby established her relationship to her parents and her grandfather and that she has standing to request the documents herein. 11. Petitioner is a citizen of the United States and is in the process of applying for dual citizenship with Italy. The Petitioner is eligible to claim Italian citizenship while retaining her American citizenship (holding dual citizenship). 12. As part of her application process, Petitioner requires certified long-form copies of her ancestors’ NYS birth, marriage, and death records be released by both Respondents so that she may submit said document as part of her and her family’s application for citizenship with Italy. First Cause of Action: Petitioner’s Request for Certified Copies of Her Father’s New York State Birth Certificate Pursuant to Public Health Law Section 4174 and Article 78 of the CPLR: 13. Pursuant to according to New York State Department of Health’s regulations, and NYS PHL Section 4174, a person may only obtain a certified copy of a birth certificate if: • The person is named on the certificate; • The person is the stated parent of the person named on the birth certificate; or • The person obtains an Order of a New York State court directing the New York State Department of Health to release the birth certificate. 4 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 14. Petitioner, not being named on her father’s birth certificate, requires an order of this Court directing State and City Respondents to release certified long-form copies of said document to Petitioner or Petitioner’s attorney. Said document is necessary as it is required as part of Petitioner’s application for recognition of Italian citizenship with the Italian authorities. 15. Since the subject birth took place in 1911 and State Respondent did not require the reporting of births until 19131, it may very well be that the document is in the custody of the City Respondent. For this reason, Petitioner has named the City Respondent in this matter. 16. Petitioner therefore respectfully requests an order of this Court directing both Respondents to release three (3) certified copies of the subject birth certificate in a form that the New York State Department of State will issue an Apostille as follows to Petitioner or Petitioner’s attorney: • Petitioner's father, ROSSOLINO POLLINO (also identified as ROSOLINO POLLINA), was born on , in the City of Buffalo, County of Erie, State of New York, to parents ORAZIO POLLINO (also identified as ORAZIO POLLINA) and COSIMA PECORARO. A copy of his birth certificate is attached at Exhibit C. A copy of his death certificate is attached at Exhibit E. Second Cause of Action: Petitioner’s Request for the Release of Her Parents’ New York State Marriage Document Pursuant to New York State Domestic Relations Law Section 20: Section 382 of the Law of New York in 1913 1 5 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 17. Petitioner further requires certified copies of her parents’ long-form New York State marriage certificate. Petitioner includes documentation from the New York State Marriage Index of 1937 which indicates RUSSELL F. POLLINO married MARY D. MONTESANO on June 26, 1937, in the City of Buffalo, County of Erie, State of New York, certificate number 24633. [Exhibit D] Petitioner requires her parent's certified long-form marriage as part of her Italian citizenship application. Copies of Petitioner’s parents' death certificates are attached at Exhibits E and F, respectively. Petitioner respectfully requests that three (3) certified long form copies of the marriage record be released pursuant to Domestic Relations Law Section 20 in a form consistent with the requirements of the New York State Department of State to Petitioner for the purpose of obtaining an apostille as follows to Petitioner or Petitioner’s attorney: GROOM’S BRIDE’S PLACE OF DATE OF CERTIFICATE NAME NAME EVENT EVENT NUMBER RUSSELL MARY D. Buffalo, Erie June 26, 1937 24633 F. MONTESANO County, New POLLINO York Third Cause of Action: Petitioner’s Request for Correction and Release of Certified Long Form Copies of Her Grandfather's New York State Death Certificate Pursuant to Public Health Law Section 4174(a) & 4176: 18. Petitioner further requests the correction and release of her deceased grandfather, GEORGE POLLINO’s (also identified as ORAZIO POLLINO) New York State death certificate. Petitioner’s grandfather passed away on May 2, 1972, in the City of Buffalo, County of Erie, State of New York. [Exhibit J] 6 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 19. According to the New York State Department of Health’s regulations and NYS Public Health Law section 4174(a), the commissioner shall, upon request, issue a certified copy of a death certificate if: 1. when a documented medical need has been demonstrated, 2. when a documented need to establish a legal right or claim has been demonstrated, or 3. when needed for medical or scientific research approved by the State Health Commissioner, 4. when needed for statistical or epidemiological purposes approved by the State Health Commissioner. 5. upon specific request by municipal, state or federal agencies for statistical or official purposes 6. upon specific request of the spouse, sibling, children, or parents of the deceased or the lawful representative of such persons, or 7. pursuant to the order of a court of competent jurisdiction on a showing of necessity. [NYS Public Health Law Section 4174(a), italics added] 20. Per PHL Sections 4174(a)(2) and (7), Petitioner has established a legal right to said document by demonstrating with the exhibits provided herein that said certified death certificate is required as part of her application in applying for recognition of citizenship with Italy. [Exhibit G, relevant portion highlighted] The Italian Consulate of New York City’s citizenship application checklist requirements states under the section Required Documents – Vital Records Documents: Death certificate: Original extended certified copy with parents’ name (if any). [Exhibit G] 7 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 21. Petitioner is the grandchild of the deceased and requires her grandfather’s death certificate be corrected as part of her application for citizenship with Italy. Petitioner therefore makes said request pursuant to Public Health Law Section 4176 for an order directing the correction of her father’s New York State death certificate. 22. Pursuant to Public Health Law Section 4176, corrections may be made to death certificates held by the Respondents. 23. A review of Petitioner's grandfather’s death certificate denotes the errors listed below. Accordingly, in order to be in compliance with what the Italian authorities require, Petitioner respectfully requests that the following corrections are made: A. Petitioner’s Grandfather’s New York State Death Certificate [Exhibit J] Name of Deceased: GEORGE POLLINO Should Read: ORAZIO POLLINA Date of Death: May 2, 1972 Place of Death: City of Buffalo, County of Erie, State of New York Age of Deceased: 84 Should Read: 91 Decedent Born: Should Read: Father’s Name: THOMAS POLLINO 8 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 Should Read: DAMIANO POLLINA Mother’s Name: UNKNOWN Should Read: ROSALIA PANEPINTO ERROR SUPPORTING FACT DOCUMENTATION Name of Deceased: ORAZIO POLLINA Exhibits H, I GEORGE POLLINO (as it should state on document) Age of Deceased: 91 Exhibits H, I 84 (as it should state on document) Decedent Born: Exhibit H, I (as it should state on document) Father’s Name: DAMIANO POLLINA Exhibit H THOMAS POLLINO (as it should state on document) Mother’s Name: ROSALIA PANEPINTO Exhibit H UNKNOWN (as it should state on document) 24. Petitioner respectfully requests an order of this Court directing both Respondents to correct and release three (3) certified copies of Petitioner’s grandfather’s death certificate who passed away on May 2, 1972, in the City of Buffalo, County of Erie, State of New York, in a form consistent with the requirements of the New York State Department of State to Petitioner for the purpose of obtaining an apostille as Petitioner has demonstrated a legal need for said document. Fourth Cause of Action: Petitioner’s Request for a Declaration of This Court Pursuant to CPLR Section 3001 with Regard to Petitioner’s Grandfather’s Identity: 25. A review of the various records to be submitted by Petitioner to the Italian authorities and attached herein show discrepancies and inconsistencies within the records that are 9 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 believed to be due to the result of clerical errors and/or lack of knowledge of the informants and/or the personal choice of the individuals cited within the attached records to assume names different than that on their birth certificates. 26. The Italian Republic will not recognize Petitioner’s Italian citizenship through descent (i.e., jure sanguinis) unless the aforementioned discrepancies relating to her grandfather are addressed with a Judgment of this Court. Petitioner, a resident of the State of New York, lives within the jurisdiction of the Italian Consulate of New York City. [Exhibit K] Per the Italian Consulate of New York City’s website: [n]ames and parents’ names on all documents (marriage, death, etc.) must correspond to the names as indicated on birth certificates. Any discrepancy on the documents must be amended. [Exhibit G, relevant portions highlighted] 27. Similar relief has been granted in similar cases as per Matter of Severo v New York City Department of Health and Mental Hygiene, 2019 NY Slip Op 31921 [U], 2019 NY Misc LEXIS, 3624 [Sup Ct, N.Y. County Jul. 5, 2019]; Matter of Johnson, 2019 NY Misc LEXIS 7582 [Sup Ct, Erie County, Dec. 20, 2019]; In Re Baratta, 2019 NY Misc. LEXIS 7698 [Sup Ct, Erie County, Nov. 9, 2019] 28. In Severo, Petitioners requested declaratory relief with regard to their grandmother’s identity who was born in 1916. The New York County Supreme Court granted, among other things, declaratory relief with regard to the grandmother’s identity based upon the documents Petitioners provided with regard to her identity. 29. In Johnson, the Petitioner requested declaratory relief with regard to his deceased great-grandfather who was born in Italy in 1892. The Court granted the relief and confirmed the grandfather's identity. 10 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 30. In Baratta, Petitioner requested a declaration with regard to her deceased grandparents who was born in Italy in the late 1880’s. The Erie County Supreme Court granted declaratory relief with regard to the grandfather’s identity. 31. Petitioner therefore respectfully requests pursuant to NYS CPLR Section 3001, this court enter a one and the same declaration with regard to Petitioner’s grandfather’s identity as further addressed below. Petitioner’s Grandfather, ORAZIO POLLINA 32. Petitioner’s grandfather was born with the name, ORAZIO POLLINA [Exhibit I] Petitioner’s grandfather’s first name on his death certificate and his son’s death certificate is listed as GEORGE. Petitioner’s grandfather, being the decedent, was not able to review the information that was reported on his death certificate. Further, he was no longer living when his son died, and the grandfather’s information was not reported accurately on his son’s death certificate. Petitioner believes her grandfather started using the name GEORGE instead of ORAZIO in order to blend into American culture, find gainful employment, and to be able to support his family. It is well known in American history many people who emigrated to this country from non- English speaking countries or found themselves leaving their home country of financial hardship only to endure a different hardship in this country. 2 2https://www.loc.gov/classroommaterials/immigration/italian/thegreatarrival/ 11 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 33. Further, the family surname of POLLINA eventually became POLLINO, which is the current version of the family surname. We see this minor switch from POLLINA to POLLINO with the birth of Petitioner’s father. [Exhibit C] Petitioner believes this was a minor transcription error, as English was not Petitioner’s grandfather’s first language. In any event, the details on Petitioner’s grandfather’s documents listed below have sufficient overlap so as to establish and confirm his identity as one and the same. To that end, Petitioner has personal knowledge sufficient to establish the identity of her grandfather, ORAZIO POLLINA, namely that: A. ORAZIO POLLINA, born on , in the Municipality of Valledolmo, Italy, to parents DAMIANO POLLINA and ROSALIA PANEPINTO, as identified on his translated Italian extract of birth, issued by the Municipality of Valledolmo; [Exhibit H] B. ORAZIO POLLINA, born on , in the Municipality of Valledolmo, Italy, husband of COSIMA PECORARO, as identified on his translated Italian extract of marriage, issued by the Municipality of Valledolmo, Italy, dated January 14, 1905; [Exhibit I] C. GEORGE POLLINO, 84 years of age, born on , in Italy, son of THOMAS POLLINO and UNKNOWN, as identified on his New York State death certificate, dated May 2, 1972; [Exhibit J] D. ORAZIO POLLINA, 27 years of age, born in Italy, father of ROSOLINO POLLINA, spouse of COSIMA PECORARO, as identified on his son’s New York State genealogical birth certificate, dated December 3, 1911; [Exhibit C] 12 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 E. GEORGE POLLINO, father of RUSSELL F. POLLINO, spouse of COSIMA PECORARO, as identified on his son’s New York State death certificate, dated May 11, 1985; [Exhibit E] ...are all ONE AND THE SAME person. CONCLUSION 34. Based on the foregoing, Petitioner respectfully requests an order of this Court directing both City and State Respondents to provide certified copies of her father’s birth certificate, her parents’ marriage certificate, and her grandfather's death certificate and that said documents be released in a format that may receive apostilles from the New York State Department of State. Petitioner further respectfully requests that this Court issue a one and the same declaration in regard to her grandfather’s identity. 35. Petitioner hereby stipulates that said order and declaration are requested for the purpose of applying for dual citizenship with the United States of America and the Italian Republic and not for the establishment of rights of inheritance or for any other purpose. 36. In that regard, Petitioner represents and affirms that she will use said documentation for no other purpose and will neither publish nor publicly disseminate such documentation for any other purpose. 37. Finally, because the exhibits to this Petition are vital records and by default contain Confidential Personal Information (“CPI”) as defined by NYCRR Section 202.5(e)(1), and because these unredacted exhibits become a part of the publicly accessible file maintained by the Albany County Clerk’s Office, Petitioner requests 13 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 that this Court, upon the final determination of this matter, restrict public access and public viewing of the unredacted exhibits and any other document containing CPI, such as an order of this Court, and that only the parties, the parties’ attorneys, court personnel be granted permission to view same. THEREFORE, Petitioner respectfully requests an Order of this Court: a. Directing State and City Respondents to release three (3) certified copies of Petitioner’s father’s New York State birth certificate; b. Directing State and City Respondents to release three (3) certified copies of Petitioner’s parents’ New York State marriage certificate; c. Directing State and City Respondents to correct and release three (3) certified copies of Petitioner’s grandfather’s corrected New York State death certificate; d. Confirming the identity of Petitioner’s grandfather as set forth in this petition as one and the same individual; e. Directing the Albany County Clerk’s office to restrict the public access of the unredacted exhibits in this Petition, and all other related filings containing CPI, to the parties, the parties’ attorneys of record, and court personnel; and such other and further relief this Court deems just and proper. Dated: November 20, 2023 Syracuse, NY CATERINA RANIERI, PC ______________________________ Caterina Ranieri, Esq. Attorney for Petitioner 519 East Genesee Street PO Box 588 Fayetteville, New York 13066 315-409-1091 Caterina@Article78Attorney.com 14 of 15 Doc ID: 9321839e057ba8c3519fd8b384e613d6300f175d FILED: ALBANY COUNTY CLERK 01/24/2024 12:46 PM INDEX NO. 900963-24 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/24/2024 15 of 15