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New York Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law, Federal Crimes and Legal Malpractice for New York on
Q: Which Law Codes specify about Roster List of Gaurdian Ad Litems be shown to public or not?

If it is kept secret from the public, is it so all over New York? Thank you.

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 19, 2023

Access to court records and proceedings is often subject to specific state laws and regulations. Some states may require disclosure of GALs' roster lists to the public, while others may not.

To find information specific to your location and circumstances, I suggest consulting a...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Securities Law for New York on
Q: Is it illegal to post court documents and someone’s home address online in New York ?
James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

In New York, it is generally legal to post court documents that are a matter of public record, such as court orders and decisions, online. However, it is illegal to post someone's home address online if it is intended to be used to harass or threaten them. New York has specific laws, such as... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: A guy has been asking me to cash fake checks for a few months, should I go to the police to report him?

Met some guy who asked if he could cash his checks in my bank account, because he was having problems, and being extremely naive I did .I've only recently realized that they were fake, I believed him when he told me that his employer was having problems or something, and now I'm starting... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

Yes, you should go to the police to report him. Cashing fake checks is a form of fraud and it is illegal. You should also contact your bank and let them know what happened so that they can take any necessary steps to protect your account. It's important to be honest and upfront about the... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: Are there any states in the US that prohibit the use of intrastate banishment as a punishment for crimes?

Intrastate banishment is the practice of banning someone from smaller geographic area's within a state such as entire towns, counties, and cities. It does not include banning someone from an entire state itself.

This is not a state specific question.

Important: The crimes in... Read more »

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Mar 2, 2023

As far as I am aware, there are no states in the US that have specific laws prohibiting the use of intrastate banishment as a punishment for crimes. However, some legal experts argue that the use of intrastate banishment may violate constitutional rights such as the right to travel or due process.... Read more »

2 Answers | Asked in Constitutional Law and Criminal Law for New York on
Q: A guy has been asking me to cash fake checks for a few months, should I go to the police to report him?

Met some guy who asked if he could cash his checks in my bank account, because he was having problems, and being extremely naive I did .I've only recently realized that they were fake, I believed him when he told me that his employer was having problems or something, and now I'm starting... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 2, 2023

Yes, you should report the guy to the police as soon as possible. Cashing fake checks is illegal and if you are found to be involved in such activities, you could be charged with a crime. It's important to be honest and transparent with the authorities and provide them with any information you... Read more »

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1 Answer | Asked in Constitutional Law for New York on
Q: Three courts including Supreme Court declared that I'm fully right, but refused to charge my defendant (Poland)

Documents:

https://law.justia.com/cases/federal/appellate-courts/cadc/19-7160/19-7160-2021-06-18.html

https://f.hubspotusercontent40.net/hubfs/878449/41519%20pdf%20ODonnell%20br.pdf

I am correct in all of my statements made in the statement of claim and read out during... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 22, 2022

Because Poland is a Sovereign. "...Poland did not implicitly waive its sovereign immunity..."

1 Answer | Asked in Family Law, Child Custody and Constitutional Law for New York on
Q: What is case law on a non-custodial parents girlfriend being requested to give a hair follicle after already submitting

Drug test by an oasis State facility

Peter Christopher Lomtevas
Peter Christopher Lomtevas PRO label
answered on Nov 22, 2022

This is one of those questions that lack all of the detail needed to properly respond to. There is also missing an issue except to the extent that a "non-custodial parent's "girlfriend" already submitted to a hair follicle test.

There is a considerable body of case law...
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1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: I need a civil attorney to represent me in a a lawsuit against CPS in New York State. Seems no one has the experience.
Tim Akpinar
Tim Akpinar
answered on Nov 8, 2022

It's difficult for someone here to respond to your request for an attorney. The format of this forum is more Q & A than attorney referral service. To supplement your own searches, you could try the tab above, "Find a Lawyer." Additionally, the New York State Bar Association has... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for New York on
Q: Is it illegal to carry a cane sword that isn't sharpen (still original with dull edges) in New York?

I wanted to use the cane with a suit without ever exposing the blade which isn't sharpened

Stuart Austin
Stuart Austin
answered on Apr 21, 2022

Yes. It is still illegal. The statute definition does not differentiate whether the blade is dull or sharp. You could remove the blade and just use the cane part.

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: Can a person be discriminated because of their religion at their place of employment.
Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Feb 4, 2022

It is unlawful to discriminate against an employee based on their religion under both federal, NY and NJ discrimination law. You should consult with an employment attorney to discuss your matter further and get advice on how to address this.

2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: My grandson was placed with me. School principal came out told me I was no longer allowed to drop him off at the school.

School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... Read more »

Michael David Siegel
Michael David Siegel
answered on Jan 5, 2022

Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.

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1 Answer | Asked in Child Support, Civil Rights, Constitutional Law and Public Benefits for New York on
Q: Sorry not an american by birth or anything and I have stayed 15years here in united state have no legal papers
Tim Akpinar
Tim Akpinar
answered on Nov 29, 2021

Your post covers a number of categories but it remains open - maybe because a specific question is not included. But it looks like something that an immigration attorney could have insight into. If that's the case, one option is to repost and include Immigration Law as a category; another is... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Identity Theft for New York on
Q: I got money stolen as well from Coinbase can I join this class action lawsuit?
Derek John Soltis
Derek John Soltis
answered on Nov 19, 2021

Hello,

You should talk to an attorney to go over the facts of your case. You need to explain how and who stole your money. Basically, why Coinbase is at fault for your loss?

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: How to look up Equitable Estoppel Employment Cases that was successful in relation to plaintiff mental illness

Statue of limitations ran out but knew evidence has surface and plaintiffs want to file action against former employer, to reopen retirement pension fund

V. Jonas Urba
V. Jonas Urba
answered on Oct 17, 2021

A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees.... Read more »

1 Answer | Asked in Employment Law, Constitutional Law, Education Law and Employment Discrimination for New York on
Q: I submitted a religious exemption that was neither approved nor denied. My job refuses to provide any accommodations

Even though it's a department of education school and the department of Ed is accommodating teachers, my job is not taking my request seriously nor are they willing to make any accommodation for my religious practice. I was told I would be placed on unpaid leave with no regard to my request... Read more »

Carrie Dyer
Carrie Dyer
answered on Sep 22, 2021

Your question does not indicate what your religious accommodation request is. Whether your employer's decision to place you on an unpaid leave is unlawful depends on your accommodation request, whether your request eliminates one of the essential functions of your job, and/or causes your... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Government Contracts for New York on
Q: Workers compensation.

How do I take my workers compensation case to the Supreme Court? Workers compensation denied my financial benefit because I was force to quit my job due to my injury at work. I got ran over by a garbage truck while working and I had no support in the city I was living in so I had no choice but to... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2021

This sounds like a very thick and complex file, and one that could involve multiple attorneys - workers' comp, disability, and depending on the role of the truck, possibly third-party action(s). Based on the serious injuries you describe in terms of five screws, you may want to discuss this in... Read more »

2 Answers | Asked in Contracts, Business Law, Constitutional Law and Government Contracts for New York on
Q: DOES AN APPLICATION HAVE LEGAL STANDING IF THERE ARE HIDDEN OR NO TERMS AND AGREEMENTS?

IF AN APPLICATION ON ITS FACE DOES NOT PROVIDE TERMS AND AGREEMENTS FOR THE APPLICANT, CAN THE ISSUER OF THE APPLICATION IMPOSE ANY LEGAL SUITS REGARDING THE APPLICATION?

V. Jonas Urba
V. Jonas Urba
answered on Apr 27, 2021

Employment applications are invitations to be considered for employment. They are not contracts nor do they guarantee that someone will be considered for a job. Many require certifications that accurate, complete, and truthful information is being provided under penalties of perjury.

Job...
Read more »

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: My husband was arrested and is now at Rikers Island In New York State. He was never read his Miranda Rights.

What steps can be taken and what motions can be filed to help him?

Peter Wade Kolp
Peter Wade Kolp
answered on Mar 29, 2021

If that is the case, and it can be proven or argued , it would go to surpressing any statements (keeping those statements out of evidence and not used against him) he made and be argued in legal docs called motions.

Depending on the case, one can still be convicted without their own...
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1 Answer | Asked in Constitutional Law for New York on
Q: How do I invade a house in Puerto Rico?

My father passed away and I became one of the inheritors of the house but the other inheritors and I haven't totally abandoned I try my best to work with my brothers and sisters the other inheritors and his wife no one wants to budge so now I'm thinking about invading putting the property... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 18, 2020

I'm sorry for the loss of your father. In terms of seeking out attorneys who could assist you, this isn't really a constitutional law matter. You need to reach out to attorneys in the Probate and Estate Planning sections, or you could repost under those sections. Speak with an attorney... Read more »

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for New York on
Q: My 18 year old left NY to Nebraska to stay with her girlfriend & parents. Parents never told me. 19's legal, what to do?

I went there to bring her home because she's a minor there. Police & all, she's not rational & the mom there never advised she was there. If 18 is a minor why couldn't she come with me as I'm her mother?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Nov 5, 2020

While I can not comment on Nebraska law, in NY the age of majority is 18 and a NY court will not take a case incolving the custody of an 18 year old.

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