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MATTER OF MERCADO v. TOWNSEND

225 A.D.2d 555 (1996)

638 N.Y.S.2d 762

In the Matter of Raymond Mercado, Respondent, v. Patricia Townsend et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 4, 1996

Ordered that the judgment is reversed, on the law, with costs, and the petition is denied.

Contrary to the Supreme Court's determination, the father of the infant born out of wedlock has failed to establish that the infant's interests will be substantially promoted by changing the infant's surname to his (see, Civil Rights Law § 63). There is also a reasonable objection to the change. Since the infant has had...

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