Matter of Abigail X.

Summary

The Appellate Division, Third Department, held that a transgender petitioner was entitled to have the records of a name-change proceeding sealed under Civil Rights Law § 64-a. The court concluded that sealing depends on the potential harm from public access and that generalized public-interest concerns do not justify denying the request. The order was modified to grant the sealing application.

Holdings

1. A court may not deny a Civil Rights Law § 64-a sealing request based on real or theoretical public-interest concerns unrelated to the potential harm to the applicant arising from public access to the name-change proceeding's records.
2. A transgender petitioner who shows that public access to name-change records would expose his transgender status and increase his risk of hate crimes, harassment, or discrimination is entitled to have the records sealed under Civil Rights Law § 64-a.

Questions Presented

1. Whether Supreme Court abused its discretion by denying a transgender petitioner's request to seal the records of a Civil Rights Law article 6 name-change proceeding based on generalized or theoretical public-interest concerns.
2. Whether the petitioner's showing that public access could expose his transgender status and subject him to increased risk of harm required sealing under Civil Rights Law § 64-a.

Disposition

reversed_and_remanded