Birth Certificate from NY -Request for Judicial Intervention

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Birth Certificate from NY -Request for Judicial Intervention

Postby toasty » 26 Jul 2013, 00:41

Hey everyone!

I've been referencing posts here on the forum for a while now, but now I have a question of my own I hope someone will be kind enough to help with.

I am trying to get my grandfather's birth certificate from the state of New York (not NYC or any of it's boroughs). I live in California. The NY State dept. of Health and Vital Records will not send me this document, and are saying I need a court order for them to release it to me. My mother, (my grandfather's daughter and executor of his estate), has tried to get the document as well, and despite showing proof she is his daughter and executor of his estate, they will not send her the document.

I called them and was told to do the above (have my mom show she is the executor), but so far, no luck. The only other option they gave us was to file a request for Judicial Intervention, wait for a court date and appear in court and explain why I need this document. Despite the fact that this is going to cost me hundreds to thousands of dollars and be a total pain in the arse, I'm willing to do it.

Does anyone have any experience with this? Or know of any lawyers that are familiar with this? Any advice, here on the forum or in a PM would be greatly appreciated! (khkirby2 at gmail)

thanks in advance,

Katherine
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Re: Birth Certificate from NY -Request for Judicial Interven

Postby mler » 26 Jul 2013, 12:21

Yes, New York State is difficult, but you should be able to get it through your mom without a court order. Do a search at www.italiancitizenship.freeforums.org Look in the Document section and ask for a search of New York State. I just looked through it, and someone posted a template for that purpose.
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Re: Birth Certificate from NY -Request for Judicial Interven

Postby toasty » 26 Jul 2013, 16:33

Thanks mler! I will do that, it seems crazy to me that it has been so hard for us this far, so I will check out the link! much appreciated
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Re: Birth Certificate from NY -Request for Judicial Interven

Postby jennabet » 26 Jul 2013, 18:41

If your grand-father is deceased, your mother will not be able to obtain his birth certificate from New York State without a court order. In the early part of 2011, my companion needed a certified copy of his mother's birth certificate from Niagara Falls, NY. He was not able to obtain this document himself without a court order. Fortunately, his mother is still living and she obtained her own birth certificate from New York State and forwarded it to her son. By the way, the rules making things difficult were implemented in New York State in early 2011 after Rebpublicans won the 2010 mid-term election.
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Re: Birth Certificate from NY -Request for Judicial Interven

Postby Italia1963 » 04 Aug 2013, 23:57

You do not need an attorney to start a court case in New York State. You can file paperwork as a per se. It takes some work, but if you have some initiative, you can do this.
You also do not have to appear in court. When your documents are filed, it will be assigned to a Supreme court Justice who will make a decision based on your paperwork.

As stated above, check out the template section of the italian forum where I posted my experience with requesting my parent's birth certificate though a court order.
For your information: NYS has a court procedure called E-file where you have to submit your paperwork...unfortunately, my court case was prior to the installation of this program and I am not sure how this works. But if you look under the NYS Unified Court System web pages, you may see how this is done.
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Re: Birth Certificate from NY -Request for Judicial Interven

Postby toasty » 05 Aug 2013, 18:33

Thanks Italia1963! I might be PM'ing you some questions if you don't mind...
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Re: Birth Certificate from NY -Request for Judicial Interven

Postby toasty » 08 Sep 2013, 20:10

Hi everyone,

Back for an update - I've gotten my father's birth certificate finally! woohoo!
Didn't end up filing an RJI, we sidestepped that process by filling out the paperwork to essentially become the executor of my grandfather's estate, which then gave my mom (his daughter) the right to request his birth certificate. This obviously won't work for all people/situations, but hopefully will be helpful to some of you out there dealing with the NY state health dept.
It's much easier and cheaper than the RJI process, whoever is the deceased's primary heir, or whoever legally can claim to be their executor of estate just has to fill out the Small Estate Affidavit (http://www.nycourts.gov/forms/surrogate ... tate.shtml) and write a letter to the surrogate court explaining why you are requesting the document. They ask for a check of $1.00, plus then you will have to pay the fee to the NY State Health dept/vital statistics to actually send you the certified document.
good luck out there!
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