Brooks v. New York State Dept. of Health

Brooks v New York State Dept. of Health 2025 NY Slip Op 32734(U) August 11, 2025 Supreme Court, Monroe County Docket Number: Index No. E2025015807 Judge: Jr., James E. Walsh Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. FILED: MONROE COUNTY CLERK 08/12/2025 05:25 PM INDEX NO. E2025015807 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/11/2025 At a Term of the Supreme Court, in and for the County of Monroe, Rochester, New York. SUPREME COURT STATE OF NEW YORK : MONROE COUNTY __________________________________________ CHRISTOPHER HUBBARD BROOKS AND WENDY HAMMOND BROOKS, Plaintiffs, DECISION & ORDER -vs- INDEX No.: E2025015807 NEW YORK STATE DEPARTMENT OF HEALTH, VITAL RECORDS SECTION AND MONROE COUNTY CLERK’S OFFICE, Defendants. _____________________________________________ APPEARANCES: Attorney for Plaintiffs: Salene Kraemer, Esq. 314 Old Farm Road Pittsburgh, PA 15228 Attorney for Defendant, Michael Pitcher, Esq. New York State Department of NYS Attorney General’s Office Health, Vital Records Section: 144 Exchange Boulevard, Ste. 200 Rochester, NY 14614 Attorney for Defendant, Robert Shoemaker, Esq. Monroe County Clerk’s Office: Monroe County Law Department 39 West Main Street Rochester, NY 14614 James E. Walsh, Jr., J. Plaintiffs Christopher Hubbard Brooks and Wendy Hammond Brooks, having moved this Court by way of an Order to Show Cause filed July 17, 2025 (NYSCEF Doc. #2), seek an order affirming discrepancies contained within certain vital records, and supporting their applications for digital nomad visas (NYSCEF Docs. #1 – 16, 19-21), and 1 of 2 [* 1] FILED: MONROE COUNTY CLERK 08/12/2025 05:25 PM INDEX NO. E2025015807 NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 08/11/2025 Defendant Monroe County Clerk’s Office having not opposed the petition, but noting that “the proposed order does not appear to have any direct effect on the Clerk’s Office, nor does the petition appear to seek any relief from the Clerk’s Office itself”, and directing the Court’s attention to Matter of Hudson in which “a court of coordinate authority held that it lacked jurisdiction over a request for a “one and the same order” due in part to the lack of a justiciable controversy, and dismissed the matter (Attorney Correspondence to the Court dated 08/06/25, NYSCEF Doc. #18, citing 85 Misc.3d 567 [Sup. Ct. Kings County 2024]), and Defendant New York State Department of Health having declined to take a position, noting that “it is not within the Department’s discretion or authority to resolve a request for a “one and the same” order” (Attorney Affirmation dated 08/06/25, NYSCEF Doc. #22.), and Now, upon consideration of the Plaintiffs’ Order to Show Cause and supporting motion papers, as well as the positions of the Defendants, and upon due deliberation thereon, the Court hereby finds that the Plaintiffs have provided insufficient legal authority, and this Court found no legal authority, statutory, caselaw, or otherwise, permitting this Court to grant the requested relief. Moreover, even if this Court had the discretionary authority to approve such an Order, this Court finds the submitted proof to be insufficient. Therefore, it is hereby ORDERED that the Plaintiffs’ Order to Show Cause for an Order Affirming Discrepancies in Support of Application for Digital Nomad Visas is denied; and it is further ORDERED that any other relief requested, not specifically addressed by this Order, is denied. Dated: August 11, 2025 HON. JAMES E. WALSH, JR. SUPREME COURT JUSTICE 2 of 2 [* 2]