Ask a Law Librarian: FAQ's about Legal Research

Requests for "one and the same orders" have increased in the courts. This request is usually an Article 78 proceeding; see the FAQ on how to prepare an Article 78 proceeding. There is no DIY program for drafting a "one and the same" order. There are no sample forms or explanation of this procedure. Several cases requesting "one and the same orders" listed below are posted on NY courts' efiling service, NYSCEF. On the NYSCEF guest search page, enter the index number for any of the cases listed below in the "Case Number" search box. If you click the linked case in the results, you can view the documents that were efiled in the case. You can review those documents for sample language in your petition.

This procedure can be complicated and you may want to talk to a lawyer before you file, or have a lawyer help you file your petition.

2024

• Matter of Hudson, ___Misc 3d___, 2024 NY Slip Op 24251 [Sup Ct, Kings County Sept 24, 2024, Maslow, J., index No. 519394/2024]
  • Does the Supreme Court possess that authority to issue “one and the same” orders for persons seeking to prove their ethnic heritage to a foreign country for the purpose of obtaining dual citizenship? There is no directly on-point appellate case law on the issuance of “one and the same” orders for these purposes, despite applications from persons of Italian heritage becoming more frequent due to the Republic of Italy's requirement that discrepancies in public birth, marriage, and death records be addressed by a court of competent jurisdiction. In considering this issue, the Court holds that the Supreme Court of this state may not issue such orders for the purpose of assisting applicants in their quest to obtain dual citizenship. Outcome: DENIED

2023

• Granese v New York State Dept. of Health [Sup Ct, NY County, June 22, 2023, Bannon, J., index No.  157401/2017]
  • The petitioner, Judith Granese, a Nevada resident seeking dual American/Italian citizenship, petitions this court, in effect, to determine her personal lineage and direct American and Italian governmental authorities to accept the same. Citing to CPLR article 78, she asks the court to examine a number of filed documents, including birth, marriage and death certificates, and, disregarding purported errors and inconsistencies in those documents, determine that the documents are authentic and establish her right to Italian citizenship, and directing the respondent New York State Department of Health to amend its records. Outcome: DENIED

2022

• Spiezia, v New York City Dept of Health and Mental Hygiene Bureau of Vital Records, 2022 NY Slip Op 32498(U) [Sup Ct, NY County, July 26, 2022, Bluth, J. index No. 155196/2022]
  • Petitioner contends that he is in the process of applying for dual citizenship with Italy. He claims that he wants to make numerous changes to the records of his deceased grandfather and his deceased grandmother while also seeking a "one and the same order" for his paternal great-grandfather, paternal great-grandmother, his paternal grandfather his paternal grandmother his mother and father. Outcome: DENIED
• Phillips v NY State Dept. of Health (In re Petition for Release of Vital Recs., [Sup Ct, Westchester County July 13, 2022, Koba, J., index No. 60717/2022])
  • By order to show cause (the "Motion"), petitioner seeks an order, pursuant to CPLR Art. 78 and Public Health Law Art. § 4174(1), for an order to be issued for the release of various vital records to assist petitioner in his application to obtain Italian-American dual citizenship through jure sanguinins1 (right of blood), and for such other relief as the court deems just and proper. Outcome: GRANTED
• Makaron v NY City Dept. of Health, [Sup Ct, Bronx County,  Apr. 1, 2022, Alpert, J., index No. 808662/2021E]
  • This is an Article 78 proceeding in which the Petitioner seeks to compel the Respondents to amend his paternal Grandparents New York City marriage certificate and father's NYC The Petitioner claims that there is an error naming his paternal grandmother on the marriage license issued in 1938 as well as an error naming his paternal grandmother on his fathers birth in 1941. The Respondent's have not opposed the petition and have deferred to the Court whether the Petitioner has provided sufficient documentation to support the amendment Outcome: GRANTED

2020

• McGrath v New York State Dept. of Health, 67 Misc 3d 1243(A) [Sup Ct, Albany County, April 28, 2020, Hartman, J., index No. 3683-19]
  • Petitioner commenced this CPLR article 78 proceeding seeking to compel respondents New York State Department of Health (DOH) and the City Clerk of the City of Yonkers, New York to create and issue twelve copies of a long-form delayed birth certificate for his paternal grandfather, Raphael Albert Macaruso. Respondent DOH has answered and opposes the petition. Respondent City Clerk of the City of Yonkers, New York has not appeared. Because petitioner has not demonstrated a clear legal right to the relief he requests, the petition is denied. Outcome: DENIED

2021

• Petitioner v No. (In re Petition for Ord. of Affirmation in Application for Italian Dual Citizenship Peter Magri), [Sup Ct, Queens County Nov. 4, 2021, Esposito, J., index  No. 713590/2021]
  • Upon consideration of the foregoing Petition for Order of Affirmation presented by Petitioner. Peter Magri, Jr., it is hereby ORDERED and DECREED that the name of Petitioner's Great-grandfather and Grandmother have changed over time through error and the desire of Petitioner's family members to be acclimated to the American culture. Petitioner's Great-grandfather ("Great-grandfather") named "Giambattista Tommasone" is the one and same person as "John Battista Tommasone" and "Giovanni Tommasini;" and Petitioner's Grandmother ("Grandmother") named "Vincenzina Tommasone" is the one and same person as "Vincenzina Tommasini" and "Virginia Tomasino." Outcome: GRANTED
• Albanese v NY State Dept. of Health, [Sup Ct, NY County, Mar. 30, 2021, Kotler, J., index No. 152261/21]
  • Petitioner alleges in an attorney verified petition that he is in the process of applying for dual citizenship with Italy. In order to attain dual citizenship, petitioner asserts that he must provide certain documents demonstrating that he is a direct descendant of a natural born Italian citizen. Currently his father listed on [*2]  his birth certificate is Otto Albanese. Petitioner claims that his father's legal first name was actually Attilio. In his sworn affidavit, petitioner states that he "anticipate[s] that the Italian Consulate may reject [his] application for dual citizenship due to "Otto" appearing on [his] birth certificate and [his] father's death certificate." Outcome: GRANTED IN PART