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In the Matter of KIMBERLY G. GOLDSTEIN, Respondent. DAVID S. GOLDSTEIN, Appellant.

Order affirmed, with costs. The stay of this court in this matter dated September 6, 1984, is hereby vacated.

Depriving a child of his or her father's surname is normally a far-reaching action (see Matter of Pollack, 2 A.D.2d 756). Applications for the change of an infant's surname are usually granted only where the natural father is guilty of misconduct, abandonment, or lack of support (see, e.g., Matter of Williams, 86 Misc.2d 87; Matter of Robinson, 74 Misc.2d 63; Matter of Fein, 51 Misc.2d 1012; Matter of Baldini, 17 Misc.2d 195; Matter of Wittlin, 61 N.Y.S.2d 726, 728). However, in the case at bar, the evidence presented shows that the father, David Goldstein, uses the name David Scott both in his business affairs and for social purposes. Thus, he has, at the very least, abandoned the surname "Goldstein" for these purposes. The petitioner mother uses both her maiden and married names (Frances Morgan Vieira). Therefore, compelling the infant, Kimberly, to retain the name "Goldstein" would result in embarrassment, harassment, and confusion in school and social contacts (see Matter of Robinson, supra, pp. 65-66). It would be in the best interest of the infant child for the petition to be granted ( Matter of Simon, 1 Misc.2d 177; Civil Rights Law, § 63). Accordingly, we affirm the granting of the petition to change the surname of the infant from Goldstein to Morgan. Thompson, J.P., Weinstein, Brown and Boyers, JJ., concur.

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MATTER OF GOLDSTEIN
(Sep 12, 1984)