Correcting Ancestors' Name Discrepancies

**SChiarini** · 02-23-2011, 02:49 AM

Hi

I am applying for my dual citizenship in Italy. I am going through my GGF-->GM--->F--->M.

I am so close to getting my citizenship however when I went to my appointment back in Sept in New YOrk, they told me the only discrepancy i had was on my Grandmothers birth certificate. Her mothers maiden name (my GGM) is listed as Lena Angelina and her married name is listed as Lena Proscia.

The correct name should be Angelina Ferrante and Angelina Proscia.

I went to the dept of correction to have it corrected. However, it was rejected because the names on the documents I supplied did not match. My GGM birth certificate from Italy (in which her name was Angela) on it and her marriage certificate (which cannot be changed- in which her name is Angelina on it) Her name was not legally changed- Angelina was just a nickname she used- but she used it on a few legal documents.

I am not sure where to go from here. Someone mentioned a court order name change, but im not sure how to go about that?

I cant believe I have come so far to have this not work out!

-Stephanie

**Mr. Knowitall** · 02-24-2011, 08:59 AM

You will need to discuss this with an Italian lawyer or explore an Italian legal resource. This is a U.S. forum.

**SChiarini** · 02-24-2011, 09:13 AM

Hi,

Yes I am aware this is a US forum, the document I need changed is a US birth certificate that just has my GGM wrong name on it.

I have heard someone mention filing in the Supreme Court of NY under article 78. Just would like to know how to go about filing the papers.

Thank you

**Mr. Knowitall** · 02-24-2011, 09:42 AM

Were we supposed to guess that this is a New York birth certificate? Is it in fact a New York birth certificate?

I don't know who this person is who is suggesting that you can file "in the Supreme Court of NY under article 78". If it's your lawyer, work with your lawyer. The reference would be a reference to a proceeding under Article 78 of the Civil Practice Law and Rules, with the procedure set forth at Sec. 7804. Look up the statutes here.

The issue is, even if you know how to file such a motion under those statutes, you do not appear to have any legal standing to change the name of an ancestor under New York law. Assuming that's what we're actually dealing with.

**SChiarini** · 02-24-2011, 10:35 AM

Yes, I apologize it is in fact a New York birth certificate.

My grandmother is still alive, so she infact would motion for the change- however she is not too technology savvy so I was inquiring on her behalf.

I believe it was Vital Records in NYC that said I needed a court order name change- and I need a special hearing which fell under Article 78. it wouldn't so much be a name change-- but rather a correction? Vital Records cannot seem to change it because "they cannot alter or change a name but correct the name by a letter or two"