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Questions Answered by Sandra M. Colatosti
2 Answers | Asked in Landlord - Tenant for New York on
Q: Do perspective tenants have to pay for renovations of an apartment prior to a move-in?

Hi. I live in New York and am interested in moving to another apt there. The new apt would be in a lower level than where I presently reside and has additional conveniences from my present place of residence. The owner of the new apt has given me a quote of one rate but in order to keep the rental... View More

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

It seems that the owner is offering to rent the apt to you at a lower rent in exchange for paying for the improvements. It would be better practice for him to charge you a higher rent since he has made improvements.

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2 Answers | Asked in Family Law for New York on
Q: Need a DNA test done need to know the best way to go about it.

The guy that signed the birth certificate. Told the kid I was her father. We want to find out. Court denied me years ago to get a DNA test.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 2, 2023

You will be faced with the issue of equitable estoppel. That is, if the child believes that the other man is his/her father and it would not be in the child's best interests to find out that you are actually the father, the court will will not order a genetic marker test.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Do I have a right to say a confrontational third party person can’t be present during supervised visitation?

I have court ordered custodial rights with my daughter, her father has a minimum of a year supervised visitation, we have joint custody. He has recently moved another woman into the house where we meet for visitation. Of the 3 times she has been present during visitation she has destroyed furniture... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 16, 2023

Yes. You can ask the judge to order that she not be present during the visits. Also, you might want to consider doing the visits elsewhere or have a third party supervise the visits.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord refuse to accept rent from someone other than tenant if record?

I’m the daughter and lived in the apartment 54 years. My mother is 87 and in a wheelchair so cannot pay rent. We are in a very low rent rent stabilized unit.

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 10, 2023

No, as long as the rent is being paid the landlord should accept it.

1 Answer | Asked in Landlord - Tenant for New York on
Q: In NYS, what should a landlord do if a tenant abandons their unit and belongings without paying rent?

Tenant has been experiencing mental health crisis and had escalating conflict with housemates involving many police calls and crisis services visits. They left no contact information and there is no contact information for family. The other housemates are moving out (no penalty, it's... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 10, 2023

You must retain the tenant's belongings in safekeeping for a reasonable time (usually 30 days). If the tenant does not contact you to reclaim them, you may dispose of them whichever way you like.

1 Answer | Asked in Child Custody for New York on
Q: If both parents are found not capable of caring for a child, who can take custody? The state or relatives?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 20, 2023

The Dept of Social Services must investigate whether there are any suitable relatives who may take custody of the child. If there are none, the child will be placed in foster care.

2 Answers | Asked in Child Custody and Family Law for New York on
Q: Can family court assign both parties and the child all the same public defender
Sandra M. Colatosti
Sandra M. Colatosti
answered on Mar 12, 2023

No, it would be a conflict of interest for the same lawyer to represent all of you.

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3 Answers | Asked in Divorce, Family Law and Child Support for New York on
Q: In New York, how often and under what circumstances can you modify a child support order?

I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 27, 2023

A child support order can modified upon a showing of a change in circumstances warranting the modification.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: What can I do to keep my grandson?

My grandson begin living with me 1 month before everything closed down due to Covid-19. I applied for Medicaid only for him because my job insurance wouldn’t allow me to add him. He attended 3K at a public school and is currently in PreK. He has some developmental delays in which i had him... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jan 25, 2023

You will need to file a custody petition in the family court in the county in which you live. Because you are a non-parent you will need to show extraordinary circumstances. The fact that your grandson has lived with you may constitute extraordinary circumstances.

2 Answers | Asked in Family Law, Arbitration / Mediation Law and Domestic Violence for New York on
Q: Hello. My Fiance's mother has continuously violated a court ordered stipulation for visitation with my 6 year old son.

In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... View More

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

You should file a violation petition with the court and perhaps a modification petition to change the supervisor of the visits.

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2 Answers | Asked in Appeals / Appellate Law for New York on
Q: To appeal a NY State Supreme court decision notice of appeal must be filed within 30 days of getting the decision.

Is the appellant required to submit his reason for the appeal and his description of why he believes the judgement was wrong with the notice of appeal - or can that be done at a later date?

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

You must complete an informational statement providing that information.

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2 Answers | Asked in Appeals / Appellate Law for New York on
Q: NY State Supreme Court dismissed my complaint on 10/14/2022. I want to appeal. Deadline to file notice of appeal?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Nov 10, 2022

You must file notice of appeal within 30 days after you’ve been served with a copy of the order dismissing your complaint with notice of its entry.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: In NY can a parent keep a child from staying at the other's where the separation agreement is just verbal.

We tried mediation and it failed. We both want a divorce but haven't filed yet. We live in the same building for the time being and agreed to have our 13 year old on alternate weeks. Now they are having anxiety issues when with my spouse for more than a couple of days, but he dismisses me... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 26, 2022

If you prohibit him from having parenting time he can file a petition with family court seeking custody and/or parenting time. You also can file for the same relief to address the issue b

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I sue my landlord for negligence due to him being present while I was nearly assaulted?

Roommate attempted to assault me, and damaged my bedroom door in the process and my landlord was present while this happened. I filed a police report and asked my landlord for measures to be put in place that could ensure my safety after the incident that transpired and his response was that he is... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 26, 2022

No. Your tenant had no obligation to get involved with an altercation between you and your roommate.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can cps come into your home without permission?

I was in a psychiatric center for depression and when i was talking to the therapist they asked me if i had guns in my home and i said yes because my husband is a hunter. I had a 2 year old at home and when i was in the hospital, the therapist called cps on us and they came and checked our house.... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 8, 2022

Yes it is legal.

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for New York on
Q: My ex is incarcerated and it was a domestic violence situation . His mother is requesting custody . Can I ignore this ?

My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 3, 2022

You must appear in court to answer the petition. The fact that she is petitioning for custody does not mean that she will be given custody. Because she is a non-parent, she would have to first show extraordinary circumstances, such as abandonment or neglect on your part. She would then have to... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello, my landlord just sold my house. The new owners just gave me a 30 day vacancy notice, do I still have to pay..

Rent for the remaining 30 days ?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 30, 2022

Yes.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Hey so my father in law has full sole custody of my niece. the mother signed her over cause it was either my father in

law gets it or oe adoption she chose him . She thinks that she can get her back if she goes to the court and she gets vitiation rights. But she is drug attic has no place for this child. will she be able to get her back. and she also lost her first child also to cps and drugs. you can look her name... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 29, 2022

It seems unlikely if she has an untreated drug problem and no proper housing for the child.

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