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New York Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law for New York on
Q: Can you really get in trouble if you don’t answer jury questionnaire in New York State ?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 26, 2023

Yes. Pursuant to New York Judiciary Law Section 527, any person who fails to respond to a jury questionnaire served personally or by U.S Mail, and further fails to comply after being served with a “notice of non compliance” personally or via U.S. Mail, may be subject to a “noncompliance... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Government Contracts and Military Law for New York on
Q: Hello, I was wondering if I could open a case against the DOD or the US Navy? I was honorably discharged from the navy.

I was honorably discharged from the navy after 3 and a half years for refusing to get the covid 19 vaccine. And recently the secretary of the Army Christine Wormuth has issued a memorandum that rescinds all policies associated with the DOD COVID-19 vaccination mandate.

James L. Arrasmith
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answered on Mar 24, 2024

You might have grounds to open a case if your discharge was directly related to policies that have since been rescinded. It's important to understand that legal challenges against the Department of Defense or any military branch require specific grounds such as wrongful discharge or violations... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for New York on
Q: Are there in laws that prohibit a Florida real estate developer from advertising our community in New York?

We sell vacation homes and have many clients from New York. We are thinking about participating in a property show but want to make sure its ok to advertise FL properties in New York. Our company is in Florida and so is the community that we would like to advertise. THANK YOU

Alex B. Pia
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answered on Dec 1, 2023

A general concern for interstate property advertisements is whether you are in compliance with any federal/local fair housing and discrimination laws - which can vary by state and city. If you are working with a local broker your agreement should specify that they are taking on these compliance... View More

1 Answer | Asked in Civil Rights, Legal Malpractice, Landlord - Tenant and Gov & Administrative Law for New York on
Q: What do I do when I have proof of fraud by NYS court employees and Attorneys against me?

Judge, Court Clerk and Attorneys/Landlords NYS

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 11, 2023

You can try reporting the matter to the Office of the Attorney General, https://ag.ny.gov/i-want/use-whistleblower-portal Keep in mind that if your complaint arises out of litigation or a proceeding to which you are a party, it's unlikely that the AG's office will take any action.

1 Answer | Asked in Business Law, Gov & Administrative Law and Government Contracts for New York on
Q: does queens county new york have an assignment of judgement praecipe ?

this question would be for a mortgage lawyer

Jack Mevorach
Jack Mevorach
answered on Aug 20, 2023

Forms aside, what are you trying to do?

Jack

2 Answers | Asked in Business Law, Contracts, Gov & Administrative Law and Government Contracts for New York on
Q: what is the safest way to legally get rid of old business contracts with client information on the contracts ?
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2023

One option is to use a reputable shredding company. They can provide a receipt for completion of the work, which you could retain for your records. Good luck

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1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: Daycare.Got a violation.Days later an AD for lawyer in mailbox.pay 5000.lose. I believe inspector placed ad for lawyer.?

She was labeled a child abuser and lost her daycare license. First Offense. Kid walked toward road. Passerby saw. total time 1-2 mins.Kid walked around the corner of house and like 60 feet. No injuries, perfectly unharmed.Built fence immediately after. can never happen again. Spent all savings.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2023

Further investigation might be necessary to meaningfully address the issues you suspect. But as a general matter, attorneys sometimes learn about matters in a community through seeing public notices, public court or agency records that include judgements, violations, etc. Good luck

1 Answer | Asked in Civil Litigation, Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: Is it not true that only a Judge can dismiss a claim on failure to file a claim upon which relief can be granted?
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2022

Your question straddles a number of categories. I can only speak for the civil part; a criminal defense attorney could address criminal aspects. In my experience, it is the judge who makes decisions on dismissals. Your question includes the word "only." I can only say that I haven't... View More

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... View More

Elaine Shay
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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."... View 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... View 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.... View 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... View 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... View 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... View 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
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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... View 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... View 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...
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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... View 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... View 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

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