Mar 052012
 

No records of the marriage of my grandparents were found at St. Anthony's, Holy Angels, Holy Cross, or Blessed Sacrament in Buffalo. I'm broadening my search to include St. Paul's, St. Mark's, St. Margaret's, St. Ann's, and St. Joseph's Cathedral. We'll see if any of them find anything.

Update

St. Pauls' – No. 

St. Margaret's – No. But the suggested St. Lucy Church (now closed – records are are at St. Columba-Brigid Parish – 716-852-2076 – 418 N. Division St., Buffalo, NY 14204) or Annunciation, Our Lady of Loretto or Nativity Parish (all are now closed – records are at Our Lady of Hope Parish 716-885-2469, 18 Greenwood Pl., Buffalo, NY 14213) or Holy Spirit Parish – 716-875-8102 – 91 Dakota Ave., Buffalo, NY 14216.

St. Mark's – No.

Mar 012012
 

My aunt had found what looked to be official birth and death certificates for my grandfather, Joseph Palmeri. I wasn't sure if they were indeed official and if they could be apostilled. Today I got them back in the mail.

apostille for my grandfather's birth certificate

 

apostille for my grandfather's death certificate

Feb 242012
 

My aunt had found a certified copy of my grandfather's birth certificate in my grandmother's records. It was old. Not sure if it was an original from 1911 but it was old. I wasn't sure if it would be accepted but I sent it to Erie County for their authorization. They sent it on to NY State for an apostille because NY State called today for some extra information – apparently I transposed a digit on my credit card number – so that means both Erie County and NY would accept it. Great!

Feb 222012
 

I asked the help desk for the New York Supreme Court whether I needed a separate petitions to go with each proposed order or whether similar issues should be lumped together in the same petition with multiple proposed orders. This is what they said:

Even though the information may be similar or the same, you should prepare a separate petition for each proposed order you are requesting to be signed.

Update 12 Mar 2012

Another update. I asked them about court fees and the like. This is what they said:

As previously stated, Erie County does not require an index number nor an RJI be purchased unless you want the original documents to be on file with the Erie County Clerk. If you do want the original documents filed with the Erie County Clerk's Office, you would need to purchase an index number and the fee would be $210.00. That fee would cover all the petitions since this is regarding one specific case.

Feb 182012
 

Because my great-grandfather's last name was misspelled "Palmieri" rather than "Palmeri" on his early documents from the US, I wrote the commune of his birth, Serradifalco, to ask them to confirm that no one named "Angelo Palmieri" was born in Serradifalco on his birth date. I sent this letter last month and just got a reply today, with that confirmation.

A poor translation of their return letter says something like this:

  • Twenty-seven days in that month of January of 1886 and born in Serradifalco Mr. Angelo Palmeri, just recorded document in the records of this district of the State Civil No. 30 Part 11 Series 11;

  • That in the register of births of that year 1886 is not to be born other person bearing the name Angelo Palmieri was born in Serradifalco on 27/01/1886.

Feb 132012
 

Searching through some online boards, I found this suggested wording for a court order of one-and-the-same:

IT IS HEREBY ORDERED and DECREED that the following be and is hereby established:

1) The person named XXX XXX XXXX, born in XXXXXXXXXX, Kingdom of Italy on (DATE), to (FATHER'S NAME and MOTHER'S NAME) of XXXXXXXXXX, Kingdom of Italy, is one and the same person as YYY YYY YYYY, born (DATE), in XXXXXXXXXX, Kingdom of Italy; "

and:

… the petition would be called a "Petition for a Miscellaneous Order" and the order is titled "Miscellaneous Order" because it's not part of any contested case (e.g. Johnson vs. Smith).

Feb 102012
 

I've received the naturalization records for my great-grandfather with his name spelled incorrectly as Angelo Palmieri and a letter of no-record-found with his name spelled correctly as Angelo Palmeri.

Recently, I sent a request to USCIS asking for a letter of "one and the same". It included all of the documents I have pertaining to him, including his birth and death and naturalization certificates.

Today I received a letter. It states that "we've confirmed that Angelo Palmieri and Angelo Palmeri born on January 27, 1886 are the same person."

Feb 102012
 

So, today I'm emailing and writing churches in the City of Buffalo to see if any have a record of the marriage of my grandparents, Joseph Palmeri and Sarina Millonzi.

I'm also writing the clerks and courts of the City of Buffalo to see if they have any record of an official name change for my grandfather from "Joseph Palmieri", as on his birth certificate, to "Joseph Palmeri", as he went throughout his adult life. 

We'll see what happens.

Update 13 Feb 2012

The Erie County Clerk returned my email. This is what they said:

Mr. Palmeri: The search for a court action to change a name would be filed in our court. However, an immigrant is allowed legally to change his or her name by simply having the new name stated on the Certificate of Naturalization. So there may not have been a formal action.

If you would like us to search for the court action, you may make your request in writing to the Basement Record Room, Erie County Clerk's Office, 92 Franklin Street, Buffalo, New York 14202. The cost will be $5 for every two years searched per document type (court action). The more information that you can provide, the easier potentially it will be for us to search (and the less expensive for you.)

And:

Years ago, if the parent changed the name, the surname of the minor child was also changed, so there might not be a record of the change of name, but there would be an amended Birth Certificate. However, it is possible that the spelling of the name was not officially noted and that your grandfather just used the name as you know it. 

Update 28 Feb 2012

Another response from the Erie County Clerk:

Thank you for contacting the Erie County Clerk’s Office.  CHRISTOPHER L. JACOBS has requested that I respond to your email.

Your request will engender a search charge.  Please make your request in writing to the Erie County Clerk – Basement Record Room, 92 Franklin Street, Buffalo, New York 14202.  You may simply copy this email and mail with your check.  As a suggestion, since we will not know the actual cost until the search is completed, you may send in a check with the amount blank and a note that the check is not to exceed a certain amount.  We will return a receipt.

The cost for a search is $5 for every two years per name, per document.

The cost for copies is $1 per page and certification is an additional $5.

Please indicate the name(a) under which you would like us to search.

Feb 092012
 

Today my father called to say that he and his sister had found copies of their father's birth and death certificates. That saves both time and hassle, especially since the birth certificate requires a court order in NY State. Now I only need to have court orders to amend the documents that need to be amended.

They also said that they were going to try to get a copy of their parents' marriage certificate. There was none in my aunt's records. But they will try to get one issued from the City of Buffalo or New York State. Fingers crossed. 

Feb 072012
 

As I've noted on several posts, my great-grandfather was born Angelo Palmeri but several records, including his marriage certificate and his naturalization documents, spelled his name incorrectly as Angelo Palmieri. 

From the USCIS, I've received a complete copy of the naturalization documents spelled "Angelo Palmieri" and I have received a letter of no record found spelled of "Angelo Palmeri".

I wrote a letter to the USCIS asking for a letter stating that the Angelo Palmieri on the naturalization documents is a.k.a Angelo Palmeri. An earlier post gave the text of that letter.

I included draft text for a letter they might send to me:

Our letter XXXXXX XX, XXXX reported that we successfully retrieved a copy of the records of naturalization for Angelo Palmieri, born January 27, 1886 in Serradifalco, Italy.

File Series   File Number
C-File          C-XXXXX

We sent you The Declaration of Intent for Angelo Palmieri dated August 23, 1917, the Petition for Naturalization for Angelo Palmieri dated March 11, 1921, and the Certificate of Naturalization for Angelo Palmieri dated July 5, 1921.

Angelo Palmieri, born January 27, 1886 in Serradifalco, Italy was also known as (a.k.a.) Angelo Palmeri, born January 27, 1886 in Serradifalco, Italy.

It is our determination that the Declaration of Intent dated August 23, 1917, Petition for Naturalization dated March 11, 1921, and Certificate of Naturalization dated July 5, 1921 for Angelo Palmieri belong to one and the same person as the birth certificate for Angelo Palmeri from January 27, 1886 in Serradifalco, Italy, the marriage certificate for Angelo Palmieri from November 5, 1910 in Armstrong County, Pennsylvania, and the death certificate for Angelo Palmeri from September 29, 1969 in Erie County, New York.

Today I had a conversation with someone from UCSIC. They said they would send me a letter. Hopefully, it will have text bearing some resemblance to the text I suggested.

Jan 302012
 

Earlier I received naturalization records for my great-grandfather, Angelo Palmeri. Like many records from the years after my great-grandfather came to the U.S., it has his name misspelled "Palmieri" rather than "Palmeri". Angelo Palmieri was naturalized 5 July 1921.

Because naturalization records cannot be amended by court order, I requested a search for the name "Angelo Palmeri". As expected, no record was found. Hopefully, this will be sufficient to show that the previously received naturalization record was indeed for my great-grandfather, despite the misspelling of the last name.

Jan 152012
 

In another attempt to clear up the spelling errors, where Angelo Palmeri was spelled Angelo Palmieri, I am writing a letter to the USCIS chief asking for a letter stating that the declaration of intent, petition for naturalization, and certificate of naturalization for Angelo Palmieri belong to one and the same person as the other vital records documents I have. Who knows if this is going to work. But it's worth a few stamps to see.

Here is the redacted text from the letter I am sending:

January 15, 2012

Lynda K. Spencer
Chief, Genealogy Section
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Service
Genealogy Program
1200 First Street NE
Washington, DC 20529-2206

RE: C-File XXXXX / Case Number XXXXX

Dear Lynda Spencer,

I recently requested and received naturalization documents for my great-grandfather, Angelo Palmeri (see Exhibit A).

Unfortunately, because my great-grandfather was illiterate, several documents, including his naturalization papers, had his last name misspelled as Palmieri rather than Palmeri. Indeed, on his Declaration of Intent (Exhibit A), signed XXXXX, he signed by giving “his mark” and someone else signed his name on his behalf and presumably filled out the form for him as well.

I understand that it is impossible to amend naturalization documents for people who are now deceased.

Because I am using these naturalization documents for an Italian dual citizenship application, I respectfully request a letter from your office stating that the Angelo Palmieri on the naturalization documents is a.k.a Angelo Palmeri. I have included a description of the enclosed exhibits that I use to support this assertion, which includes his Italian birth and American death certificate.

I understand that this is a nonstandard request. If helpful, I have included a proposed letter that may be sufficient to document that my great-grandfather, Angelo Palmeri, is one and the same person as the Angelo Palmieri on the naturalization documents.

My great-grandfather, Angelo Palmeri, was born XXXXX in Serradifalco, Italy to Giuseppe (Joseph) Palmeri and Maria (Mary) Calabrese (see birth certificate for Angelo Palmeri, Exhibit B).

As noted on his application for citizenship, he arrived in the New York XXXXX on the vessel XXXXX. I have included a copy of the Passenger Arrival Record I received from the National Archives that shows his name spelled Angelo Palmeri, that he is XXXXX years old (born in XXXXX), his father is Giuseppe, and that he is going to Yatesboro, PA (Exhibit C).

In Yatesboro, PA, on XXXXX, he married my great-grandmother. On the marriage license, (Exhibit D) his name is now misspelled Angelo Palmieri, giving his parents are Giuseppe and Maria Palmieri, with his age as XXXXX (born in XXXXX). On this form, he gave his mark, and someone else filled out the form and signed his name.

The 1920 Census in Buffalo, Erie, New York (Exhibit E) indicates that my great-grandfather was unable to read (column 17) or write (column 18). It gives his age as XXXXX (born in XXXXX), his wife Maria, his son, my grandfather, Joseph, and notes his citizenship status as “pa”. His brother (Calogero) and his family lived next door. His father-in-law (Giuseppe Giambrone) lived next door. Here, the name appears to be grossly misspelled as something like Palmire or Palmiri.

Around this same time, he filled out his Declaration of Intent and Petition for Naturalization, where his named was misspelled Angelo Palmieri.

The 1930 Census in Buffalo, Erie, New York (Exhibit F) shows his and his brother’s families living in the same home. Now all family members have the last name correctly spelled Palmeri. While my great-grandfather was still illiterate, my American-born 18 year old grandfather was able to read and write.

Finally, the death certificate for my great-grandfather, dated XXXXX, correctly spells his name as Angelo Palmeri (Exhibit G), the spelling that appeared on his Italian birth certificate (Exhibit B).

I thank you for your attention and your help in resolving this matter.

Sincerely,

XXXXX

 

[PROPOSED TEXT FOR LETTER]

Our letter XXXXX reported that we successfully retrieved a copy of the records of naturalization for Angelo Palmieri, born XXXXX in Serradifalco, Italy.

File Series    File Number
C-File            XXXXX

We sent you The Declaration of Intent for Angelo Palmieri dated XXXXX, the Petition for Naturalization for Angelo Palmieri dated XXXXX, and the Certificate of Naturalization for Angelo Palmieri dated XXXXX.

Angelo Palmieri, born XXXXX in Serradifalco, Italy was also known as (a.k.a.) Angelo Palmeri, born XXXXX in Serradifalco, Italy.

It is our determination that the Declaration of Intent dated XXXXX, Petition for Naturalization dated XXXXX, and Certificate of Naturalization dated XXXXX for Angelo Palmieri belong to one and the same person as the birth certificate for Angelo Palmeri from XXXXX in Serradifalco, Italy, the marriage certificate for Angelo Palmieri from XXXXX in Armstrong County, Pennsylvania, and the death certificate for Angelo Palmeri from XXXXX in Erie County, New York.

Jan 152012
 

I have received the naturalization documents for my great-grandfather. However, the last name is misspelled "Palmieri" rather than "Palmeri" on this and several other documents I have.

Naturalization documents for deceased individuals cannot be amended. Today I am initiating a new search with the U.S. Citizenship and Immigration Service (http://www.uscis.gov/) for a letter of "no record found" for "Angelo Palmeri" with the correct spelling. I added explicit text stating that I have already received a record for "Angelo Palmieri" but I need a document that asserts that no one named "Angelo Palmeri" born 27 January 1886 in Serradifalco, Italy, has even been naturalized.

Jan 142012
 

I have finally received a certified copy of the death certificate for my great-grandfather, Angelo Palmeri. It took several attempts, but we finally got it. No surprises. No errors. His last name is spelled Angelo Palmeri, like his birth certificate. Sending this to get apostilled.

death certificate for my great-grandfather, Angelo Palmeri

Jan 102012
 

I have a genealogical copy of my grandfather's birth certificate. For some reason, I was able to get that a while back but I need a court order to obtain a certified copy (see below). He was born over 100 years ago. He died over 40 years ago. But I still need a court order.

So I'm going to try to compile together the information I get on obtaining and putting together that court order. I'm just getting start started.

I first emailed a help desk at the NY State Supreme Court of Erie County. The person at the City Clerk's Office in Buffalo said that it would need to be a State Supreme Court order. From the court web site, it seems that they are the only court that can order the government to take some action. This is what the help desk said:

"In order to obtain a court order you must prepare a Petition, which outlines you were are, what the relationship is to the person whose birth record you want, along with the purpose for the record. You may want to attach any documents you may have supporting your reasons for your request for a Supreme Court Order. Since you want to do this without the assistance of an attorney, you also must prepare a proposed Order for the Judge to sign if your application is approved. This office does not have any pre-printed forms for such a matter. Once you have prepared your petition & proposed order, they need to be submitted to the Chief Clerk's Office of Supreme Court in the county where your grandfather was born. If in Erie County, the address is 25 Delaware Avenue, Buffalo. NY 14202."

I think from various things I found on the web, I can put together both a Petition and a proposed Order. What I am uncertain about is how to file a RJI (request for judicial intervention) and how to obtain an index number and whether I will need to do anything to issue a summons to the clerk of Buffalo, as suggested on various blog sites.

Update 11 Jan 2012

New response from the help desk:

"As previously stated, the Petition, any supporting documentation and proposed order need to be submitted to the Chief Clerk's Office of Supreme Court in the county where your grandfather was born. If in Erie County, the address is 25 Delaware Avenue, Buffalo. NY 14202. Erie County does not require an index number nor an RJI unless you want the original documents to be on file with the Erie County Clerk. The petitioner can by-pass the County Clerk altogether and go straight to the Special Term Judge and take the order directly to Vital Records once the order has been signed. Regarding serving the Vital Records Office, I suggest you include a cover letter asking the judge if it is required to serve them."

Based on this, and I followed up with more questions, it sounds like I can send a cover letter, a copy of the Petition, and a copy of the Proposed Order to the Special Term Judge, which now for Erie County appears to be Judge D'Amico. He may require that I "serve" the Vital Records Office or not. Who knows, maybe I would not even need to appear before him. Fingers crossed.

Update 11 Jan 2012

Another response today:

"Your petition would go the Supreme Court Civil Special Term Judge not the County Special Term Judge. Your petition should be sent to the Chief Clerk's Office at 25 Delaware Avenue, Buffalo. NY 14202 because the application must first be logged in so that Supreme Court has a record of receiving the application and for tracking purposes. Paperwork should be sent directly to a judge only after the case has been assigned to that judge."

Update 12 Jan 2012

Response today:

"You should send your petition, proposed order and supporting exhibits to the Chief Clerk's Office. I would also suggest a cover letter, listing your complete mailing address, phone number and email address(optional) if the court needs to get in touch with you. I would also suggest including a self-addressed stamped envelope so that the order, petition, and exhibits can be returned to you once the order has been signed by the judge."

a genealogical copy of my grandfather's birth certificate from the City of Buffalo

Jan 092012
 

Apostilles arrive today. Thankfully, they apostilled the only certified copy of my mother's birth certificate that we could find. That means no need for a court order to get a copy of it. Now I only need a court order for my grandfather's birth certificate. And then court orders to get the "Palmieri" misspellings amended.

Jan 072012
 

I had mailed St. Anthony's church in Buffalo to ask if they had a record of my great-grandparents' marriage (turns out they were married in Pennsylvania). While they (of course) didn't have that marriage, they did tell me that they had the baptism record for my grandfather.

Joseph Palmieri (Josephum in Latin, "Palmieri" instead of "Palmeri" as he was erroneously named) was born 2 Oct 1911 and baptized 8 Oct 1911 in St. Anthony's R.C. Church in Buffalo. His godparents were his uncle, Pietro (Petrus) Palmeri (Palmieri), and Pietro's wife, Giuseppa (Josephine in English, Josephia in Latin) Baglio. My great-grandfather, Angelo Palmeri, immigrated to the US with Josephine Baglio, joining her husband, his brother, in Yatesboro Pennsylvania, were Angelo and Maria Palmeri were soon married after Maria immigrated a year later.

my grandfather's baptism certificate