A person who was seeking to register her domestic partnership was denied because records showed someone with the same name, date of birth, and mother's maiden name was married in 2005 and was still married. The applicant appealed the denial, stating she had been widowed in 2003 and had never remarried, had never lived at the listed address, and that the place of birth was incorrect on the marriage license application. The groom listed on the 2005 marriage application was contacted but chose not to testify or object to the domestic partnership.
ALJ Kevin F. Casey found that a negative inference could be drawn based on the 2005 groom's nonparticipation and that the evidence as a whole showed the applicant was not the person listed as the bride on the 2005 marriage application. He recommended that the applicant receive the domestic partnership registration she sought.
Office of the City Clerk v. Anonymous (in PDF), OATH Index No. 688/12 (Apr. 10, 2012), adopted, City Clerk's Dec. (Apr. 16, 2012).