§ 4174. Records; transcripts and certifications by commissioner; fees.\n1. The commissioner or any person authorized by him shall:\n (a) upon request, issue to any applicant either a certified copy or a\ncertified transcript of the record of any death registered under the\nprovisions of this chapter (1) when a documented medical need has been\ndemonstrated, (2) when a documented need to establish a legal right or\nclaim has been demonstrated, (3) when needed for medical or scientific\nresearch approved by the commissioner, (4) when needed for statistical\nor epidemiological purposes approved by the commissioner, (5) upon\nspecific request by municipal, state or federal agencies for statistical\nor official purposes, (6) upon specific request of the agent charged\nwith controlling disposition of a decedent's remains, as designated\npursuant to subdivision three of section four thousand two hundred one\nof this chapter, spouse, domestic partners as defined in paragraph (c)\nof subdivision one of section four thousand two hundred one of this\nchapter, children, siblings or, parents of the deceased or the lawful\nrepresentative of such persons, or (7) pursuant to the order of a court\nof competent jurisdiction on a showing of necessity; except no certified\ncopy or certified transcript of a death record shall be subject to\ndisclosure under article six of the public officers law;\n (b) issue certified copies or certified transcripts of birth\ncertificates only (1) upon order of a court of competent jurisdiction,\nor (2) upon specific request therefor by the person, if eighteen years\nof age or more, or by a parent or other lawful representative of the\nperson, to whom the record of birth relates including authorized\nrepresentatives of a local social services district if the person is in\nthe care and custody or custody and guardianship of such district, or\n(3) upon specific request therefor by a department of a state or the\nfederal government of the United States;\n (c) upon request, issue a wallet-size certification of birth, in a\nform and bearing a design provided by the commissioner. Each applicant\nfor a wallet-size certification of birth shall remit to the commissioner\nwith such application, a fee determined by the department;\n (d) upon request, issue certification of birth or death unless in his\njudgment it does not appear to be necessary or required for a proper\npurpose;\n (e) furnish non-identifiable statistical information in tabular or\nmachine readable format for research activities if satisfied that the\nsame is required for a proper purpose, and the commissioner is\nauthorized to fix and to require payment of a fee sufficient to\ncompensate the state for the expense of providing the requested\ninformation;\n (f) be deemed to have complied with the applicable provisions of\nparagraphs (a) and (b) of this subdivision by the issuance of a\ncertified transcript of the desired certificate or record instead of a\ncertified copy thereof except where the requester shall show, to the\nsatisfaction of the commissioner or his authorized representative, a\ndemonstrated need for such certified copy, or where a court order\nrendered pursuant to the provisions of paragraph (b) of this subdivision\ncontains an express recital or direction therein that the issuance of a\ncertified transcript of such certificate or record in place of a\ncertified copy thereof shall not be considered to be in compliance\ntherewith;\n (g) upon request of a board of elections, issue certification of\ndeath.\n 2. Each applicant for a certification of birth or death, certificate\nof birth data or for a certified copy or certified transcript of a birth\nor death certificate or certificate of birth data shall remit to the\ncommissioner with such application a fee of thirty dollars in payment\nfor the search of the files and records and the furnishing of a\ncertification, certified copy or certified transcript if such record is\nfound or for a
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.