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Q: Does an NCIC check in New York show all nationwide warrants?
I'm wondering if an NCIC check conducted in New York will reveal all nationwide warrants for an individual, particularly in relation to ensuring legal compliance. I'm seeking this information for personal reasons, and any guidance on how this system works would be appreciated.
Thomas Anthony Sirianni
answered on Jul 14, 2026
answered on Jul 14, 2026
I am a New York attorney with 27 years of practice on Long Island.
No, and that is the part people get wrong. NCIC is the FBI's national database, and it only contains warrants that the issuing agency chose to enter into it. Many local warrants, especially bench warrants from town and... View More 
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Q: Can I file a motion to dismiss a complaint claiming fraud and money owed?
A complaint was filed against me by an individual at Kings County Supreme Court in Brooklyn, New York, claiming fraud and money owed. The deadline for me to respond is Tuesday, July 14. Do I have to file an answer, or can I file a motion to dismiss? If I can file for dismissal, what grounds would... View More
Thomas Anthony Sirianni
answered on Jul 14, 2026
answered on Jul 14, 2026
I am a New York attorney with 27 years of practice on Long Island.
Yes. You do not have to answer first. Under CPLR 3211 you may move to dismiss instead of answering, and making that motion extends your time to answer until after the court decides it (CPLR 3211(f)). What you cannot do is... View More
Q: Can I contest a 7-month-old divorce settlement due to duress in NY?
I was divorced 7 months ago in New York, but now I realize the agreement was made under duress. I received no assets from the divorce and was threatened with false legal actions, such as fraud and stealing money. These threats made me fearful, impacting my decisions, even though New York is a state... View More
Thomas Anthony Sirianni
answered on Jul 14, 2026
answered on Jul 14, 2026
I am a New York attorney with 27 years of practice on Long Island.
Yes, you can try, and seven months is not too late, but I will give you the hard truth: setting aside a signed divorce settlement is an uphill fight, and you need to move now rather than later. New York courts scrutinize... View More
Q: How to handle a counterfeit inspection ticket in NYC?
I recently discovered that the inspection sticker on my parked vehicle was counterfeit when an NYPD officer noticed it and issued me a ticket/summons. I have been instructed to appear in court regarding this matter. I'm looking for advice on how to prepare for the court appearance and what... View More
Thomas Anthony Sirianni
answered on Jul 14, 2026
answered on Jul 14, 2026
I am a New York attorney with 27 years of practice on Long Island.
Take this more seriously than a parking ticket. A counterfeit inspection sticker can be charged not just as an inspection violation under the Vehicle and Traffic Law but as criminal possession of a forged instrument under... View More
Q: What legal action can I take against an accountant for Errors and Omissions in NY estate taxes?
I am considering suing an accountant for Errors and Omissions related to an estate benefit. The accountant's oversight led to missing the statute of limitations, which cost the estate $51,515 in taxes that were not required. Subsequently, the error was discovered when New York State assessed... View More
Thomas Anthony Sirianni
answered on Jul 14, 2026
answered on Jul 14, 2026
I am a New York attorney with 27 years of practice on Long Island, and estate litigation is part of my practice.
Yes, you can sue an accountant for professional negligence in New York, and the numbers you describe, $51,515 in unnecessary tax plus over $94,000 in assessed interest, are... View More
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