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MATTER OF JONES

3577, 250013/16.

148 A.D.3d 653 (2017)

2017 NY Slip Op 02516

49 N.Y.S.3d 300

In the Matter of ANTHONY JONES, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 30, 2017.

Citing Matter of Ellerby (99 Misc.2d 691 [Civ Ct, Kings County 1979]), the motion court denied petitioner's application for poor person relief in this statutory name-change proceeding on the ground that the general common-law right to a name change renders the statutory proceeding unnecessary. However, the common-law name-change procedure, which is effected simply through use and habit (see Smith v United States Cas. Co.,...

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