N.Y. CONST. art. I, § 14 provides:
§14. Such parts of the common law, and of the acts of the legislature of the colony of New York, as together did form the law of the said colony, on the nineteenth day of April, one thousand seven hundred seventy-five, and the resolutions of the congress of the said colony, and of the convention of the State of New York, in force on the twentieth day of April, one thousand seven hundred seventy-seven, which have not since expired, or been repealed or altered; and such acts of the legislature of this state as are now in force, shall be and continue the law of this state, subject to such alterations as the legislature shall make concerning the same. But all such parts of the common law, and such of the said acts, or parts thereof, as are repugnant to this constitution, are hereby abrogated. (Formerly §16. Renumbered and amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938.)

MANOR HOMES v. Sava, 73 Misc. 2d 660 - NY: City Court, Civil Court 1973 states:
Under the common law — which continues in effect despite the statutory provision providing for a change of name (Civil Rights Law, art. 6) — one may use any name in the absence of fraud. (Smith v. United States Cas. Co., 197 N.Y. 420; Matter of Cohen, 142 Misc. 852; Lana v. Brennan, 124 N. Y. S. 2d 136, 137; Matter of Anonymous, 57 Misc 2d 813, 814.)

Matter of Halligan, 46 AD 2d 170 - NY: Appellate Div., 4th Dept. 1974 states:
Under the common law a person may change his or her name at will so long as there is no fraud, misrepresentation or interference with the rights of others (Smith v. United States Cas. Co., 197 N.Y. 420, 428-429; Matter of Wing, 4 Misc 2d 840). The statute affirms this right and the two procedures exist side by side supplementing each other (Smith v. United States Cas. Co., supra). Under common law the change is accomplished by usage or habit.

Matter of Linda Ann A., 126 Misc. 2d 43 - NY: Supreme Court, Queens 1984 states:
Under common law, a person is free to assume any name she chooses, in the absence of fraud, misrepresentation or interference with the rights of others. (Smith v United States Cas. Co., 197 N.Y. 420.) No judicial proceeding is necessary and a name change can be made effective through simple usage or habit. (Matter of Halligan, 46 AD2d 170.)

Matter of Sakaris, 160 Misc. 2d 657 - NY: City Court, Civil Court 1993 states:
In New York, the law permitting an individual to change their name is both liberal and long established in the common law as well as codified in the statutes.

Under common law, a person is free to assume any name he or she chooses, in the absence of fraud, misrepresentation or interference with the rights of others (Smith v United States Cas. Co., 197 N.Y. 420; Matter of Linda Ann A., 126 Misc 2d 43 [Sup Ct, Queens County 1984]). No judicial proceeding is necessary to change a name; it can be made effective through simple usage or habit (Matter of Halligan, 46 AD2d 170; see also, Matter of Ellerby, 99 Misc 2d 691 [Civ Ct, Kings County 1979]).

The Court noted (at 171): "Under the common law a person may change his or her name at will so long as there is no fraud, misrepresentation or interference with the rights of others (Smith v. United States Cas. Co., 197 N.Y. 420, 428-429; Matter of Wing, 4 Misc 2d 840). The statute affirms this right and the two procedures exist side by side supplementing each other (Smith v. United States Cas. Co., supra)."

Eisenberg v. Strasser, 1 Misc. 3d 299 - NY: Supreme Court 2003 states:
Under the common law,[2] a person may change his or her name at will absent fraud, misrepresentation or interference with the rights of others (see Smith v United States Cas. Co., 197 NY 420, 423; Matter of Halligan, 46 AD2d 170 [1974]; see Matter of Bobrowich, 2003 NY Slip Op 50025[U] [Civ Ct, Richmond County 2003]; Matter of Conde, 186 Misc 2d 785 [Civ Ct, Kings County 2000]; Matter of Linda Ann A., 126 Misc 2d 43 [Sup Ct, Queens County 1984]; Matter of Middleton, 60 Misc 2d 1056, 1057 [Civ Ct, NY County 1969]; Matter of Sakaris, 160 Misc 2d 657 [Civ Ct, Richmond County 1993]). No judicial proceeding is necessary to change a name; it can be made effective through consistent usage or habit (see Matter of Halligan, 46 AD2d 170 [1974]; see also Matter of Ellerby, 99 Misc 2d 691 [Civ Ct 1979]). Thus "anybody may change their names without asking the approval of the court at any time and, provided fraud was not the 303*303 inspiration for the act, the new name will be as effectively assumed and recognized as if its use had been provided for by a court order" (Matter of Lipschutz, 178 Misc 113, 113-114 [Sup Ct, Queens County 1941; Smith, 197 NY 420 [1910]).

In addition to the common law, New York has enacted a statutory procedure under the Civil Rights Law enabling a person to petition for a court order changing his or her name (Civil Rights Law § 60 et seq.). New York Civil Rights Law § 60 et seq.[3] provides the necessary directions for effectuating a court ordered name change as an alternative to one's common-law use of a name. These statutory provisions are an alternative procedure to the one under the common law; they neither diminish nor abrogate a person's common-law right to effectuate a name change (see Matter of Ellerby, 99 Misc 2d 691 [Civ Ct, Kings County 1979]; Matter of Linda Ann A., 126 Misc 2d 43 [1984]; Matter of Sakaris, 160 Misc 2d 657 [Civ Ct 1993]). The statutory procedure differs only in the speed and certainty of the change (Civil Rights Law § 64; Matter of Halligan, 46 AD2d at 171).

IN THE MATTER OF GOLDEN, 2008 NY Slip Op 9333 - NY: Appellate Div., 3rd Dept. 2008 states:
Upon examination of the record, we conclude that reversal is warranted. "Under the common law a person may change his or her name at will so long as there is no fraud, misrepresentation or interference with the rights of others" (Matter of Halligan, 46 AD2d 170, 171 [1974] [citations omitted]). Notably, the Civil Rights Law provides an additional method to accomplish this purpose "whereby a change of name is authorized by judicial proceedings" allowing it to be "speedy, definite and a matter of record" (Smith v United States Cas. Co., 197 NY 420, 429 [1910]; see Civ Rights Law § art 6). Both the common law and statutory "procedures exist side by side supplementing each other" (Matter of Halligan, 46 AD2d at 171)

IN THE MATTER OF CORTES, 2008 NY Slip Op 28098 - NY: Appellate Term, 2nd Dept. 2008 states:
Under common law, a person may change his or her name at will, and the change is accomplished by usage or habit (see Matter of Halligan, 46 AD2d 170 [4th Dept 1974]). Civil Rights Law § 63 merely provides that a court, petitioned by a person for a name change, upon ascertaining that the petition is true and that there is no reasonable objection to the change of name proposed, shall make an order authorizing the name change. The statute affirms the common law right, and the two procedures exist side by side supplementing each other (id., citing Smith v. United States Cas. Co., 197 NY 420 [1910]).

Matter of Furick, 33 Misc. 3d 169 - NY: Supreme Court, Dutchess 2011 states:
Initially, it is important to note that "anybody may change their names without asking the approval of the court at any time and, provided fraud was not the inspiration for the act, the new name will be as effectively assumed and recognized as if its use had been provided for by a court order" (Matter of Eisenberg v Strasser, 1 Misc 3d 299, 302-303 [Sup Ct, Kings County 2003], quoting Matter of Lipschutz, 178 Misc 113, 113-114 [Sup Ct, Queens County 1941]). The common-law right to change one's name is not merely a theoretical option, it is a real and recognized one. The judicially ordered name change process found in Civil Rights Law § 60 et seq. neither adds nor detracts from a person's existing common-law right to change his or her name (Matter of Conde, 186 Misc 2d 785 [Civ Ct, Kings County 2000], citing Matter of Ellerby, 99 Misc 2d 691 [Civ Ct, Kings County 1979]; Matter of Sakaris, 160 Misc 2d 657 [Civ Ct, Richmond County 1993], citing Smith v United States Cas. Co., 197 NY 420 [1910]).

Affidavit