N.Y. Civil Rights Law § 62: Notice

§ 62. Notice. 1. If the petition be to change the name of an infant,

notice of the time and place when and where the petition will be

presented must be served, in like manner as a notice of a motion upon an

attorney in an action, upon (a) both parents of the infant, if they be

living, unless the petition be made by one of the parents, in which case

notice must be served upon the other, if he or she be living, and (b)

the general guardian or guardian of the person, if there be one. But if

any of the persons, required to be given notice by this section, reside

without the state, then the notice required by this section must be sent

by registered mail to the last known address of the person to be served.

If it appears to the satisfaction of the court that a person required to

be given notice by this section cannot be located with due diligence

within the state, and that such person has no known address without the

state, then the court may dispense with notice or require notice to be

given to such persons and in such manner as the court thinks proper.

2. If the petition be to change the name of a person currently

confined as an incarcerated individual in any correctional facility or

currently under the supervision of the department of corrections and

community supervision or a county probation department as a result of a

conviction for a violent felony offense as defined in section 70.02 of

the penal law or a felony defined in article one hundred twenty-five of

such law or any of the following provisions of such law sections 130.25,

130.30, 130.40, 130.45, 255.25, 255.26, 255.27, article two hundred

sixty-three, 135.10, 135.25, 230.05, 230.06, subdivision two of section

230.30 or 230.32, notice of the time and place when and where the

petition will be presented shall be served, in like manner as a notice

of a motion upon an attorney in an action, upon the district attorney of

every county in which such person has been convicted of such felony and

upon the court or courts in which the sentence for such felony was

entered. Unless a shorter period of time is ordered by the court, said

notice shall be served upon each such district attorney and court or

courts not less than sixty days prior to the date on which such petition

is noticed to be heard.

3. Except as provided in subdivisions one and two of this section, the

court shall not require any other pre-hearing notice. Under no

circumstances shall the court require notice to United States

immigration and customs enforcement, United States customs and border

protection, United States citizenship and immigration services, or any

successor agencies, or any agencies having similar duties.

4. Except for applications in family court pursuant to section sixty

of this article, the court shall not request or require consent from any

party other than the petitioner, or in the case of a petitioner who does

not have capacity to consent, their legal representative, as a condition

of granting the name change or obtaining certified copies of the name

change order.