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New York Gov & Administrative Law Questions & Answers
Q: I live across the street from a developer who used to play nice. You knew what was going to be built 6 months in

advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”

WAS ALL OF THAT LEGAL?????

It’s been a few years.

Do Towns... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.

1 Answer | Asked in Gov & Administrative Law for New York on
Q: Could I get both a motorcycle permit and driver's permit in the state of NY?

I already have a driver's permit in the state of New York, and I was wondering If I could get a motorcycle permit, or would I need to get a driver's license first?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 30, 2022

According to the DMV website, "A New York State resident must have a Class M or Class MJ driver license or learner permit to drive a motorcycle. To get a motorcycle license, you must first get a motorcycle learner permit."... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on
Q: Can Erie County Water Authority demand entrance to home to inspect sewer connection. Not a new installation nor mod.

They have sent letters demanding they be allowed to inspect. There is no suggestion of impropriety by the home owner, they are just looking. I don't feel they have any right to demand access. They threaten escalation to those who do not allow inspection. My house is 70 years old and was... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2022

Public water authorities, environmental conservation agencies (sewage), electric utilities, and other public works generally have authority to request reasonable access to their infrastructure for inspection, maintenance, or equipment replacement. This holds nationwide as a matter of public policy.... Read more »

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for New York on
Q: NYS Trooper stopped me,told him license was susp.were in a safe place he had me move car to store can he still ticket

I was stopped today due to a car riding to close so I sped up to get him away from me cop clocked me at 86 in a 65. When he turned on lights I took exit ramp an pulled over when safe as I had my child in car. I told him immediately my license is suspended. He still proceeded to have me drive my... Read more »

Toshinori Isoai
Toshinori Isoai
answered on Dec 3, 2021

The police officer's reason to stop you was the alleged speeding and your license was suspended at that time. That's how you would have received the summons for both speeding and operation while suspended. The officer's request to move your car after that won't change the... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Gov & Administrative Law for New York on
Q: My company laid me off, lack of work.

My boss gave me a company bonus check for project commissions in my duration. Do I have to report this to Unemployment NY? The check was issued from a payroll account of the company. this isn’t severance it is a bonus owed to me from last years project completion commission percentage. They did... Read more »

Carrie Dyer
Carrie Dyer
answered on Apr 21, 2021

Yes, you should still report it as income received to unemployment for the week that you received the bonus check.

1 Answer | Asked in Family Law, Gov & Administrative Law, Elder Law and Divorce for New York on
Q: NYC dept of health denied request for birth certificate stating first name has one letter different than legal name.

What law requires a senior citizen to change the name on their birth certificate to match current name ?

Why is name on social security not considered legal name?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 3, 2021

You can file a petition to change your name with the court. It is a relatively simple form that you can download from the court website. As for divorced people, every NY divorce judgement includes an order allowing the person to change their name back to their previous name.

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for New York on
Q: I was pulled over by a NYS trooper and he told me he is letting it go but does that count as a verbal warning?

He pulled me over said i was speeding ran my license and registration for about 45 seconds and then said he is letting it go and walked away. Should i expect anything in the mail or anything on insurance? Will this count towards anything and is it considered a verbal warning? or will anything be... Read more »

Zev Goldstein
Zev Goldstein
answered on Jan 23, 2021

The NYS Criminal Procedure Law requires traffic tickets to be served on you personally. If a ticket is mailed to you (rare) it is dismissable. Drive safe.

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: Hi I had been for months trying to get someone to change my birth certificate name, someone was about to but.... P
Michael David Siegel
Michael David Siegel
answered on Jan 19, 2021

You do not need a lawyer for this, but it is a hard process.

1 Answer | Asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for New York on
Q: Maximum lawyer fees for federal (government agency) discrimination ( title V) cases?

Is there a maximum amount or percentage a lawyer can charge for title V cases against a government agency settled at the EEOC level? I was told by a friend who practices family law out of State that the fees they can charge are capped similar to what disability lawyers can charge. Another piece of... Read more »

V. Jonas Urba
V. Jonas Urba
answered on Dec 16, 2020

Apparently, you may be situated in a state outside of New York. I limit my active practice to New York State. Each state enacts laws regarding ethical behavior and conduct of lawyers. Many adopt the model rules but there are exceptions.

In New York State lawyers fees are determined by the...
Read more »

1 Answer | Asked in Gov & Administrative Law for New York on
Q: I found a bond that was my grandfather-in-law. How can I tell if it's worth something?
Tim Akpinar
Tim Akpinar
answered on Nov 22, 2020

A financial advisor, or other investment professional might be more familiar with this area than a Government and Administrative Law attorney. Until you locate a financial/investment professional for meaningful guidance, there are some online tools out there for computing bond value. If you could... Read more »

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for New York on
Q: I WANT TO KNOW DOES THE STATE ADMINISTRATIVE PROCEDURE ACT (SAP) CONTROL THE NY DMV TVB HEARING PROCEEDINGS?
Zev Goldstein
Zev Goldstein
answered on Nov 15, 2020

It should, but good luck getting the TVB to follow it.

1 Answer | Asked in Gov & Administrative Law, International Law and Tax Law for New York on
Q: I am an international PhD student in the States. I want to simultaneously obtain a PhD in my home country.

My presence in my home country is not needed, I can work with my advisor remotely. My US advisor knows my home country advisor; they work on very close problems, they are both okay with this scenario. Can I legally do it, from the point of view of the US laws? I receive a scholarship in the States... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2020

If a visa of any type is involved, you may want to additionally repost in the Immigration Law section - it's possible the insight of an immigration attorney could be valuable, and possibly more relevant than the other categories, depending on circumstances. Good luck

Tim Akpinar

2 Answers | Asked in Contracts, Copyright and Gov & Administrative Law for New York on
Q: Can I create a brand called s.c.u.m or would their be a conflict ?
Giselle Ayala Mateus
Giselle Ayala Mateus PRO label
answered on Oct 3, 2020

It is important to understand that brand and trademark are different concepts. You can create a brand using that designation, and from a marketing point it might be alright. However, from a legal standpoint it is a best practice to go through a clearance process thinking of trademark and copyright... Read more »

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1 Answer | Asked in Gov & Administrative Law and Products Liability for New York on
Q: We would like info on liability waivers concerning Covid19 for our church, Hopps Memorial.We are thinking of reopening

The building around the first of the year.

Thank you

E

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2020

The format of this board could make it difficult for an attorney to contact you. This is more a question and answer board than a referral service - if you want to hire an attorney or arrange a consult, you could reach out to the attorneys here (Find-a-Lawyer tab above), or ones you find in your own... Read more »

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New York on
Q: Is it against federal or state law for a police department to ask a civilian to do investigations without compensation
Victor M. Feraru
Victor M. Feraru
answered on Sep 14, 2020

I'm not sure what you mean. I'm guess you mean to have someone be a confidential informant and not pay? I'd need more details before I could answer this question.

1 Answer | Asked in Gov & Administrative Law for New York on
Q: I was hired for food service and they refuse to train me I felt bad

In the interview they said they will train you but I was there for 2 days and most of the employees were refuse to train me and then they just let me go for no reason

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2020

Your question remains open for two weeks - there's no guarantee that all questions are picked up. But you could try reposting under Employment Law, where you might have better chances of an attorney who deals with these types of situations seeing your question. This looks like it's more... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on
Q: to get a state 10yr dmv transcript while all vechiles registered under each licence printed w/ an atty @ the dmv ofc

I need an atty escort to the dmv office to make the request am it has to be a state 10yr transcript

and to track/research each registered vechile to it's true orginial owner

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2020

This isn't an attorney referral service. It's only a question & answer board. If you are seeking an attorney, you will need to reach out to one. See the Find a Lawyer tab above. Good luck

Tim Akpinar

2 Answers | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for New York on
Q: How much would a lawyer charge to apply for state teacher certification in all 50 States. What is the time frame?

I am interested to know if someone can apply for teacher certification for me in all 50 states. I have an Advanced Professional Certificate in Two Subject Areas, and an Administrator Credential. I have 15 years of teaching experience, could someone do this? If so could you give a rough time... Read more »

Tim Akpinar
Tim Akpinar
answered on May 28, 2020

Why do you want to pay a lawyer to do something you could accomplish on your own? It doesn't require legal skills to apply for teacher certification. Given your credentials, you are clearly bright enough to deal with the process. But if you wish to have a lawyer handle it for you, you could... Read more »

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Q: I need to prove that I am being tortured because the ppl doing it are getting away with it. I need representation.

Seeking legal advise but months later there is still no response on here.

Derek John Soltis
Derek John Soltis
answered on May 10, 2020

Call an attorney that specializes in civil rights. You are not likely to get information that can help you on a public forum.

1 Answer | Asked in Gov & Administrative Law and Landlord - Tenant for New York on
Q: Sheriff locked out of my apt 1 wk before eviction freeze in NY, due to Covid19. Can I temp get back in? Stuck in car.

All my belongings still remain bec I can't get help to move due to State quarantine. Stuck sleeping in my car instead of my apt with my belongings. Landlord can't rent to anyone else during Covid-19 State of Emergency anyways. ***I'm located in Saratoga County, not NYC

Gregory Byrnes
Gregory Byrnes
answered on Mar 24, 2020

You should first contact the landlord. If that doesn't work you can go to the local courts (I am not sure what Court in Saratoga handles housing matters) and file an order to show cause requesting post eviction relief. It is 100% up to the judge whether to let you re-enter.

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