Denial of a Fee Waiver in Court

My question involves name change laws in the State of: New York


My question involves name change laws in the State of: New York


I recently filed an Adult Name Change Petition. Since my family of 4 lives on a mere $600 a month, I also filed an Affidavit in Support of Application to Proceed as a Poor Person.

It was denied as being non-meritorious due to an Adult Name Change not constituting the purview of a Triable Action under CPLR 1101.

Is not the very definition of "triable action" filing a petition to a Superior Court Judge?

I cannot afford an attorney, clearly. However, I researched for months, and put this petition together with the help of the NYS Court District Help Center. They told me to file the Poor Person Relief and there was a 99% I would not have to pay the $210(a year's savings for us).

Any advice? How can a County Attorney and Superior Judge order something that is ILLEGAL?

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Quoting Daniel67

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My question involves name change laws in the State of: New York


My question involves name change laws in the State of: New York


I recently filed an Adult Name Change Petition. Since my family of 4 lives on a mere $600 a month, I also filed an Affidavit in Support of Application to Proceed as a Poor Person.

It was denied as being non-meritorious due to an Adult Name Change not constituting the purview of a Triable Action under CPLR 1101.

Is not the very definition of "triable action" filing a petition to a Superior Court Judge?

I cannot afford an attorney, clearly. However, I researched for months, and put this petition together with the help of the NYS Court District Help Center. They told me to file the Poor Person Relief and there was a 99% I would not have to pay the $210(a year's savings for us).

Any advice? How can a County Attorney and Superior Judge order something that is ILLEGAL?

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If you can't afford the cash to change your name, stick with your old one. It has served you thus far. Why should the taxpayers of the Great State of New York pay for your name preferences. You want it changed, you pay for it.

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Quoting Antigone

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If you can't afford the cash to change your name, stick with your old one. It has served you thus far. Why should the taxpayers of the Great State of New York pay for your name preferences. You want it changed, you pay for it.

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I have a right to change my name.

I AM a tax-payer.

Do you think I somehow am the only New Yorker exempt from taxes?

Daniel, the order was not illegal. They may or may not have been mistaken in whether or not a name change is eligible for the waiver, but that does not make the denial of your request illegal. No law says that you MUST be granted the waiver - we established that last night. The law does not say that you are entitled to the waiver no matter what. Therefore, a denial does not violate the law.

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Quoting Daniel67

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I have a right to change my name.

I AM a tax-payer.

Do you think I somehow am the only New Yorker exempt from taxes?

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It is obvious the judge felt that the waiver was no warranted and did not meet the standards of a legal necessity in his eyes. His actions were not illegal.

Again, if you feel that strongly about changing your name, save up for it.

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Quoting Daniel67

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I have a right to change my name.

I AM a tax-payer.

Do you think I somehow am the only New Yorker exempt from taxes?

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I'm sorry, but if you live on $600/mo, you are not paying taxes, you are getting it ALL back (plus some) when you file taxes in April.

Further, if they told you you had a 99% chance of having your relief granted, then there was a 1% chance it wouldn't. You fall in the 1%.

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Quoting cbg

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Daniel, the order was not illegal. They may or may not have been mistaken in whether or not a name change is eligible for the waiver, but that does not make the denial of your request illegal. No law says that you MUST be granted the waiver - we established that last night. The law does not say that you are entitled to the waiver no matter what. Therefore, a denial does not violate the law.

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Right. Being granted the waiver is depending on meeting the qualifications. I meet them. If one has less than $3,500 a month in resources, they qualify. We have $600 a month.

What is illegal, is not accepting the petition at all. I have a right to file a Poor Person Order for whatever I wish. This includes the name change. As we established last night, even the NYS Courts web page on Name Changes says to file a Poor Person Order if you cannot pay the fees.

If it is a State Law, what gives one County, or one judge the right to ignore it?

I mean, if I had sex with a 10 year old, the Judge can't say "That may be illegal Federally, and under State law, but I will allow it."

I know we work on Common Law in the USA. But that's not how CL works.

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Quoting Antigone

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It is obvious the judge felt that the waiver was no warranted and did not meet the standards of a legal necessity in his eyes. His actions were not illegal.

Again, if you feel that strongly about changing your name, save up for it.

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What gives the judge that right?

If I'm at less than 25% the poverty level, the judge has no authority to deny me.

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Quoting CourtClerk

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I'm sorry, but if you live on $600/mo, you are not paying taxes, you are getting it ALL back (plus some) when you file taxes in April.

Further, if they told you you had a 99% chance of having your relief granted, then there was a 1% chance it wouldn't. You fall in the 1%.

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They only said that, because they didn't know all the details. For example, I could only get $600 a month, but have $60,000 in the bank.

How have I not paid taxes? That's WHY I get the $600 a month. I've paid into the system my whole life. How do you think taxes work?

Do you think that if someone is breaking into your house and you call the cops, who are paid for by your taxes, they ask you to e-mail 3 years worth of W-2's before they respond? "Sorry Sir. Not enough taxes last year. You're on your own."

It's like telling someone they don't qualify for compensation for a flood, because they just got flood insurance last week and didn't pay enough into it. No, they are ENTITLED to it. Regardless of amount paid into it, or how long they have been paying into it.

It all comes down to one thing: It's the LAW. How I be denied my LEGAL RIGHTS that I am entitled to?

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Quoting Daniel67

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I have a right to change my name.

I AM a tax-payer.

Do you think I somehow am the only New Yorker exempt from taxes?

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yep, you have that right but you do not have a right to demand others pay for your actions unless, as the requirements say, if the matter is a triable issue

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Quoting jk

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yep, you have that right but you do not have a right to demand others pay for your actions unless, as the requirements say, if the matter is a triable issue

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Name changes are triable. That's what a petition is.

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Not sure why everyone here is pretty much like "It's the law, but who cares!?"

Are there no attorneys here? Or at least law students?

Maybe I should call the police on the judge?

Are you sure?

i suggest you do some research to discover what NY defines "triable" to be for the purposes of cplr 1101



once you get actual support of your claim, come on back and, if you are correct, what to do next can be discussed

You are failing to recognize that being allowed to ASK is not the same as being guaranteed the answer you want. Qualifying only means eligibility to ASK. It does not guarantee anything.

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If it is a State Law, what gives one County, or one judge the right to ignore it?

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It's not a law. It's a procedure. The judge has the discretion to determine the outcome of that procedure.

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I mean, if I had sex with a 10 year old, the Judge can't say "That may be illegal Federally, and under State law, but I will allow it."

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You're comparing apples to oranges. In your case, the just can grant your request for waiver or not.

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What gives the judge that right?

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The status of being "The Judge". And it's not a "right", so much as it is an "application of authority".

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If I'm at less than 25% the poverty level, the judge has no authority to deny me.

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Absolutely, they do. Again, you fail to distinguish that there is a difference between being QUALIFIED, and being GRANTED. Granting isn't automatic, just because you qualify. Whether you're applying for a home loan, a credit card, admission to college, or a waiver of fees in a name change case. You can be turned down for each and every one of these, even with the best qualifications.

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It's like telling someone they don't qualify for compensation for a flood, because they just got flood insurance last week and didn't pay enough into it. No, they are ENTITLED to it. Regardless of amount paid into it, or how long they have been paying into it.

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Obviously you've not read a great many or variety of insurance policies. Many DO have very restricted benefits for a period of time.

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It all comes down to one thing: It's the LAW. How I be denied my LEGAL RIGHTS that I am entitled to?

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When you find the statute in your state that includes the phrase "..SHALL be granted waiver...", let us know. If you want to get down about the law, it's really simple: go FIND the law, codified in state statute, that FORCES the judge to grant the waiver. You won't find one. That's why it's NOT "a law", it's a procedural process, and it's one that the judge has the power to exercise discretion over. Rights are spelled out in things like your state constitution and it's amendments, and within your codified state statutes. There is no law that gives you the unequivical RIGHT to a waiver. There just isn't. A right is something that MUST be given or honored. Request for a waiver isn't one of those. It's a request that falls under the judge's discretion ro grant, or deny.

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Quoting Daniel67

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Right. Being granted the waiver is depending on meeting the qualifications. I meet them. If one has less than $3,500 a month in resources, they qualify. We have $600 a month.

What is illegal, is not accepting the petition at all. I have a right to file a Poor Person Order for whatever I wish. This includes the name change. As we established last night, even the NYS Courts web page on Name Changes says to file a Poor Person Order if you cannot pay the fees.

If it is a State Law, what gives one County, or one judge the right to ignore it?

I mean, if I had sex with a 10 year old, the Judge can't say "That may be illegal Federally, and under State law, but I will allow it."

I know we work on Common Law in the USA. But that's not how CL works.

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What gives the judge that right?

If I'm at less than 25% the poverty level, the judge has no authority to deny me.

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They only said that, because they didn't know all the details. For example, I could only get $600 a month, but have $60,000 in the bank.

How have I not paid taxes? That's WHY I get the $600 a month. I've paid into the system my whole life. How do you think taxes work?

Do you think that if someone is breaking into your house and you call the cops, who are paid for by your taxes, they ask you to e-mail 3 years worth of W-2's before they respond? "Sorry Sir. Not enough taxes last year. You're on your own."

It's like telling someone they don't qualify for compensation for a flood, because they just got flood insurance last week and didn't pay enough into it. No, they are ENTITLED to it. Regardless of amount paid into it, or how long they have been paying into it.

It all comes down to one thing: It's the LAW. How I be denied my LEGAL RIGHTS that I am entitled to?

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If you have 60k in the bank, pay for your name change.

I will supply you with the recent case law on the matter. You figure it out. Hint, this was ruled by the Supreme Court of Duchess county. You better put on your big boy panties if you think this court was lying.

http://scholar.google.com/scholar_ca...en&as_sdt=4,33

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Quoting jk

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Are you sure?

i suggest you do some research to discover what NY defines "triable" to be for the purposes of cplr 1101



once you get actual support of your claim, come on back and, if you are correct, what to do next can be discussed

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I'm certain.

Triable is anything that requires it be reviewed by a judge. An Adult Name Change Petition, like ANY PETITION is a "triable action".

Further verified here:

http://srlp.org/wp-content/uploads/2.../kyr-NC-en.pdf

http://www.nycourts.gov/courts/8jd/p...RIE_050213.pdf

http://www.nycourts.gov/courts/8jd/p...RIE_050313.pdf

http://www.lawny.org/index.php/famil...e-self-help-58

http://www.thefamilycenter.org/clien...e-information/

http://srlp.org/resources/namechange/

http://www.nycourts.gov/courts/6jd/f.../ifp_howto.pdf

Just a FEW links, from the NYS government, to third party sites. All confirm this.

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Quoting Disagreeable

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You have not complied with the terms of the statute to make it valid.

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Indeed I have.

Where do you think that I have not?

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Quoting CourtClerk

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If you have 60k in the bank, pay for your name change.

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What???

The law changed. Here is old case law.

http://scholar.google.com/scholar_ca...en&as_sdt=4,33

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Quoting aardvarc

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You are failing to recognize that being allowed to ASK is not the same as being guaranteed the answer you want. Qualifying only means eligibility to ASK. It does not guarantee anything.



It's not a law. It's a procedure. The judge has the discretion to determine the outcome of that procedure.




You're comparing apples to oranges. In your case, the just can grant your request for waiver or not.




The status of being "The Judge". And it's not a "right", so much as it is an "application of authority".




Absolutely, they do. Again, you fail to distinguish that there is a difference between being QUALIFIED, and being GRANTED. Granting isn't automatic, just because you qualify. Whether you're applying for a home loan, a credit card, admission to college, or a waiver of fees in a name change case. You can be turned down for each and every one of these, even with the best qualifications.



Obviously you've not read a great many or variety of insurance policies. Many DO have very restricted benefits for a period of time.




When you find the statute in your state that includes the phrase "..SHALL be granted waiver...", let us know. If you want to get down about the law, it's really simple: go FIND the law, codified in state statute, that FORCES the judge to grant the waiver. You won't find one. That's why it's NOT "a law", it's a procedural process, and it's one that the judge has the power to exercise discretion over. Rights are spelled out in things like your state constitution and it's amendments, and within your codified state statutes. There is no law that gives you the unequivical RIGHT to a waiver. There just isn't. A right is something that MUST be given or honored. Request for a waiver isn't one of those. It's a request that falls under the judge's discretion ro grant, or deny.

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You guys seem to have a hard time reading basic English. I hope you are not attorneys. Public defenders?

I never once said a single thing intimating that a judge "must grant" a poor person order. Never once. Where you all get that from, is beyond me.

What I said was, that I have a right to FILE one.

I've already shown the law that CLEARLY states my right to file to proceed as a poor person. Along with that, links to the New York State Courts Name Change website, created and run by the government itself, which supports this right.

If everyone here claims that name change petition are the only petitions in the State that do not qualify for poor person order under CPLR 1101, the burden of proof is on YOU to show this in the law.

As I noted earlier, case law disputes your contention to the NY Supreme Court level. I suggest you consult a lawyer to file above that level to change the law. Here is a link for you.

http://www.nycourts.gov/ctapps/

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Quoting Disagreeable

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The law changed. Here is old case law.

http://scholar.google.com/scholar_ca...en&as_sdt=4,33

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Right, I read that one from 40 years ago.

Someone tried posting that earlier claiming it was current.

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the burden of proof is on YOU to show this in the law.

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No, it isn't. You don't get to place a burden of ANYTHING on my users.

You're done here.