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Questions Answered by Sandra M. Colatosti
2 Answers | Asked in Landlord - Tenant for New York on
Q: How is this legal ?? I went to court for eviction with a legal aid the pension is agree to amend petition to include

Present rent which is June the judge gave me till the 14 of July to pay the back owed $ on June 6 my landlord went to city marshals to get me out in 14 days my aid sent me a copy of court paper by mail with another paper saying to pay June rent on time really ?????

Never agreed to that... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 24, 2023

Generally, an agreement to pay the arrears includes a provision to pay the current rent on time. Failure to pay the current rent on time is grounds for the landlord to have you evicted. You can stop the eviction by paying all the rent you owe.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I've been without full power in my mobile home because park management will not do electrical repairs and I was told it'

It's a dangerous situation and I have no hot water or cooking stove

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 4, 2023

It depends. If you own the mobile home and there is an electrical problem in the home, you are responsible for getting it repaired. If you rent the mobile home, the owner is responsible. If the problem is outside the home, the park manager or power company would be responsible for the repair,... View More

3 Answers | Asked in Landlord - Tenant for New York on
Q: i live in NYS and would like some advise on how to evict my boyfriend from my home.

BF is not on my mortgage. we have one child in common who is 6. he will not leave. i have been given conflicting information on how to proceed so i would appreciate any guidance.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 26, 2023

First, you need to have him served with a 10-day notice to quit. If he does not leave after the 10 days, you have him served with a 30 day notice (i.e., must serve by the end of the month prior to the month at the end of which you are telling him to leave). If he doesn't leave, you must file... View More

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Can i get my security deposit back

My landlord for the last apartment I was in had a security deposit of $750 dollars. I paid this and lived in his apartment for over a year on a month to month basis for the same price of $750 dollars. I found a new apartment in December of 2022 and told my landlord about this on December 26th, and... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Feb 5, 2023

Under the law, as a month to month tenant, you were required to give your landlord 30 days notice of your intention to vacate; ie, you were required to notify him on or before November 30 that you intended to vacate by December 31st.

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: I have temporary custody of my 21-month-old son. His mother is allowed visitation that is supervised by a CPS twice week

the mother saw the child on 1/24/2022 and was actively using strong drugs. She was tested and tested positive and now is in a rehab. This has been her MOA since she lost custody in 1/2022. We would like legal advice on getting full permanent custody of the toddler. She has an extensive history of... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 29, 2023

If the child was placed with you under neglect proceedings against the mother, the court will decide if you should be placed with you permanently during the dispositional phase. You also could file a custody petition.

1 Answer | Asked in Child Custody, Domestic Violence and Libel & Slander for New York on
Q: Custody against an Abuser

I have a custody case coming up at the end of January my child's mother is suspected to be a narcissist I can prove with text messages and recorded phone calls of the abuse she jumps in to relationship to relationship to relationship immediately allowing the new partner to meet our child in... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 6, 2023

You can ask the judge to include a provision in an order that neither parent is to introduce the child to a new paramour until at least six months after beginning the relationship. You would benefit by consulting with a lawyer regarding your case if you wish to obtain custody.

3 Answers | Asked in Landlord - Tenant for New York on
Q: As a home owner do I have to pay for broken damaged appliances caused by my tenant?

I am a home owner and when my tenant moved in, all appliances including ceiling fan was in excellent working safe condition. Last summer I had to replace the ceiling fan because he was being too rough with it that the wires got disconnected. Now the oven door frame is broke (looks like it was... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 3, 2023

If the tenant is responsible for paying for any damage caused to your property. Therefore, you can ask him to pay for repair or replacement of the item. If he refuses to pay, you may deduct from his security deposit or take him to small claims court. However, the court may only award you an amount... View More

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2 Answers | Asked in Child Custody for New York on
Q: If my mom had custody of my child and she recently passed away does the custody go back to me
Sandra M. Colatosti
Sandra M. Colatosti
answered on Dec 29, 2022

If there was an order giving your mother custody, you must file a modification petition in Family Court stating your mother’s passing as a change in circumstances. If she was awarded custody on your consent or per court order because, for some reason, you were unable to care for your child at... View More

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1 Answer | Asked in Child Custody and Family Law for New York on
Q: We have questions about relinquishing custody of a 14 year old nephew to his adult siblings.

In August of 2020, my husband and I were given primary physical and joint legal custody of our 12 year old nephew. Both parents were deceased and his two adult siblings asked us to take him as they did not feel equipped to raise him. After two and a half years we feel as though it is time for his... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Dec 27, 2022

His siblings must be willing to assume custody of your nephew. If they are not, the Court cannot force them to take custody. If one of them is willing to assume custody he/she should file a custody petition. If you know longer wish to maintain custody of your nephew and neither of the siblings... View More

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can I request a Lincoln Hearing on a custody modification petition appeal??

Father got full custody of children in August. I’m in the process of filing an appeal on that. Last month, I filed a custody modification due to ongoing reports of alleged abuse by the father. CPS was called by the ER and by the school. CPS worker blamed me for the calls and accused me of... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Nov 24, 2022

No, the appeal is based on the evidence presented at trial or information presented to the Family Court judge. You cannot present new evidence on appeal. You could try making a motion to reargue or renew in Family Court.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: mailboxes belonging to me and other tenants keep getting broken into. NO WORKING CAMS! Stealing our rent too! can we sue

To pay our landlord, we must leave the money in a mailbox which keeps getting broken into and someone is stealing the money from other tenants and me randomly. We are STILL required to pay the amount that was STOLEN. Not only that, even packages are getting taken from tenants' doors. When we... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Nov 10, 2022

You should make arrangements with landlord to pay rent another way- by mailing check/money order to LL; paying through a payment app like PayPal or Venmo or making payments into all’s bank account

1 Answer | Asked in Child Custody and Child Support for New York on
Q: At what age does a custody agreement become null and void in New York State?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 15, 2023

When the child becomes 18 years old.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: This pertains to a criminal appeal. After the brief is uploaded to the appellate division, what happens after that?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 31, 2023

Hard copies must be filed. Respondent then has 30 days to file brief but usually requests extensions.

2 Answers | Asked in Family Law for New York on
Q: My ex wants to change my child's last name to her own.I dont consent. What is chance of a judge granting the change?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 15, 2023

She must obtain your consent unless she can show that you abandoned the child.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: How do I remove a person from my home who is not on my lease?

I live in Brooklyn, New York. How do I remove a person from my home who is not on my lease and has been staying with me for almost 1 year without paying any bills or money towards my rent. I attempted to have him removed by calling the police, but they stated since he lived with me, I could not... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 13, 2023

First you have to serve him with a 10 day notice to quit. If he doesn’t move after the 10 days you must serve him with a 30 day notice. If he still doesn’t move you must initiate an eviction proceeding

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2 Answers | Asked in Landlord - Tenant for New York on
Q: We sent a tenant a notice to vacate via certified letter, but she is refusing to accept it. What is our next step?

This tenant has been getting increasingly demanding and feels the property is hers, so we decided it was time for her to move. It is a 90 day notice. She is a month to month tenant.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 24, 2023

Certified mail is insufficient service. A 30, 60 or 90-day notice must be served in person, on a person of suitable age or discretion or nail and mail. You should not do the service yourself. You should consult an attorney if you do not know how to properly serve the tenant.

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1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Going thru seperation, have no alimony or child support, nor do I work, my daughters school won’t give me a break on tui

Tuition bc they base it off my husbands salary. The tuition is $18,000, I have no income and an old falling down house. Should t my lawyer give me a document stating this, so I can enroll my daughter for an affordable price. It’s also based on breadwinners salary.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 22, 2023

You should discuss your options with your attorney.

1 Answer | Asked in Family Law for New York on
Q: I'm 16, if my dad beats me or lays his hands on me because I stood up for myself, can he be arrested or charged?

My step grandma tried to make me clean up her mess that she made and I told her no and walked to my room, after that she told me dad and he threatened to beat me.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 22, 2023

Yes, if his actions rise to the level of a crime.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: My daughter's mother and I share custody. I have physical custody. If we move out of state, can she stop us?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 16, 2023

The mother must consent to you moving with the child. If she does not consent, you must petition family court for permission to move. The court must decide if it is in the child’s best interest to move, taking into consideration at number of factors.

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2 Answers | Asked in Family Law for New York on
Q: if divorce finalizes before the Order of Protection hearing, does it turn into a criminal case instead of family case?

My divorce judgement was signed by the judge already, just waiting to receive it myself. There's a good chance I get it before the temporary order of protection hearing, will that affect the hearing at all? Can it turn into a criminal matter seeing as technically we're no longer family?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 9, 2023

The case will not turn into a criminal matter unless there was a criminal court matter.

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