Roy S., Respondent-Petitioner-Respondent. v. << (2001)

Supreme Court, Appellate Division, Fourth Department, New York.

Matter of KYLE MICHAEL M. Tammy Lynn A., Petitioner-Respondent-Appellant, Roy S., Respondent-Petitioner-Respondent.

Decided: March 21, 2001

PRESENT: PIGOTT, JR., P. J., GREEN, WISNER, KEHOE and BURNS, JJ.

John A. Collins, Bronx, for petitioner-respondent-appellant. Fauzia S. Khan, Buffalo, for respondent-petitioner-respondent.

Supreme Court erred in denying the petition of the biological mother and granting the cross petition of the biological father, each seeking to change the name of the parties' infant son, without conducting a hearing to determine whether “the interests of the infant will be substantially promoted by the change” (Civil Rights Law § 63). The record is insufficient to establish whether either name change requested would substantially promote the interests of the infant, and thus we reverse the order and remit the matter to Supreme Court for a hearing on the petition and cross petition.

Order unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings.

MEMORANDUM:

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