ยง 4175. Records; unrecorded births and deaths. 1. If, at any time
after the birth, or within one year of the death, of any person within
the state, a certified copy of the official record of said birth or
death, with the information required to be registered by this article,
is necessary for legal, judicial, or other proper purposes, and, after
search by the commissioner or his or her representatives, it appears
that no such certificate of birth or death was made and filed as
provided by this article, then the commissioner shall immediately
require the physician, nurse practitioner, or nurse-midwife who, being
in attendance upon a birth, failed or neglected to file a certificate
thereof, or the funeral director, undertaker, or other person who,
having charge of the interment or removal of the body of a deceased
person, failed or neglected to file the certificate of death, if he or
she is living, to obtain and file at once with the local registrar such
certificate in as complete form as the lapse of time will permit.
2. With said delayed certificate shall be filed such statements
subscribed and affirmed by the persons making them as true under the
penalties of perjury and other evidence as may be required by the
commissioner.
3. If the physician, nurse practitioner, nurse-midwife, funeral
director, or undertaker responsible for the report is deceased or cannot
be located, then the person making application for the certified copy of
the record may file such certificate of birth or death together with
such statements subscribed and affirmed by the persons making them as
true under the penalties of perjury and other evidence as the
commissioner may require.
4. The commissioner shall file such certificate and issue a certified
copy thereof to said applicant without fee.
5. The delinquent physician, nurse practitioner, nurse-midwife,
funeral director, undertaker, or other person may, in the discretion of
the commissioner, be prosecuted as required by this article, without bar
from the statute of limitations, if he or she neglects or fails to file
promptly the certificate required by this section.
Structure New York Laws
Title 7 - Vital Statistics Records
4170 - Records; General Duties of Registrars.
4171 - Records; Duties of Physicians, Nurse Practitioners, and Others to Furnish Information.
4172 - Records; Registrar to Transmit Through Health Officers.
4173 - Records; Transcripts and Certifications by Registrars; Fees.
4174 - Records; Transcripts and Certifications by Commissioner; Fees.
4175 - Records; Unrecorded Births and Deaths.
4176 - Records; Correction of Defective Registration.