State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: May 31, 2012 513823
In the Matter of JHIRARD
TAHIEM POWELL, MEMORANDUM AND ORDER
Calendar Date: April 16, 2012
Before: Peters, P.J., Mercure, Stein, McCarthy and Garry, JJ.
Sylvia Rivera Law Project, New York City (Chase Strangio of counsel), for appellant.
(1) Appeal from an order of the Supreme Court (O'Shea, J.), entered August 29, 2011 in Chemung County, which denied petitioner's application to assume another name, and (2) motion pursuant to CPLR 5704 (a) to vacate such order.
Petitioner, a prison inmate who was born male but self-identifies as female, commenced a proceeding for a legal name change to Shaniece Nyasia Powell. Although there was no objection by the parties required to be notified, Supreme Court denied the application, prompting petitioner's appeal.1 We now reverse