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Labor & Employment Law

: New York Public Personnel Law

Identity theft can take many forms

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Identity theft can take many forms
Office of the City Clerk v. Diaz, OATH Index No. 1088/09 (Dec. 18, 2008)
Source: OATH determinations*

Characterized as a non-traditional appeal under Section 3-03 of the City Clerk's Rules, Title 51 of the Rules of the City of New York, Stephanie Diaz challenged the Office of the City Clerk of New York?s preliminary denial of her application for a marriage license.

Before applying for a marriage license, Diaz requested a hearing to determine that she was not a party to a previous marriage in her name.

According to the OATH Administrative Law Judge Kara J. Miller, a 1997 marriage license issued to a person with the Stephanie Diaz contained incorrect information about her residence and her father's place of birth. This, and other evidence said the ALJ, credibly established that Diaz's identity was stolen. ALJ Miller recommended processing Diaz?s marriage license application, if it should be filed.

Perhaps establishing a State-wide administrative tribunal to considered claims alleging identity theft resulting in financial difficulties to the victim of such misconduct might prove an expeditious and relatively inexpensive means of addressing this growing problem.

* See, also, http://www.citylaw.org/OATH/09_Cases/09-252.pdf

Full post as published by New York Public Personnel Law on January 20, 2009 (boomark / email).

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