Opinion
March 4, 1996
Appeal from the Supreme Court, Dutchess County (Bernhard, J.).
Ordered that the judgment is reversed, on the law, with costs, and the petition is denied.
Contrary to the Supreme Court's determination, the father of the infant born out of wedlock has failed to establish that the infant's interests will be substantially promoted by changing the infant's surname to his ( see, Civil Rights Law § 63). There is also a reasonable objection to the change. Since the infant has had his surname for five years and shares his name with his mother and half-brother with whom he lives and will attend school, the retention of his surname might minimize embarrassment, harassment, and confusion in school and social contacts ( see generally, Matter of Shawn Scott C., 134 A.D.2d 345; Matter of Learn v Haskell, 194 A.D.2d 859, 860). Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.