Lawyers, Answer Questions  & Get Points Log In
New York Gov & Administrative Law Questions & Answers
1 Answer | Asked in Employment Law, Immigration Law, Education Law and Gov & Administrative Law for New York on
Q: NYC local govt. like NYC Deptt. of Sanitation or Transportation are exempted from EVerify? Can I work there on STEM OPT?

Do the government departments MUST enrolled in E-Verify to hire on STEM OPT even if they are exempted from E-Verify?

V. Jonas Urba
V. Jonas Urba
answered on Dec 6, 2017

An immigration lawyer or one who serves as counsel (possibly in house) for higher education is best suited to answer this question.

https://studyinthestates.dhs.gov/stem-opt-hub

1 Answer | Asked in Contracts, Estate Planning, Gov & Administrative Law and Real Estate Law for New York on
Q: If you win the lottery in New York state, are you able to claim it through a Trust or LLC.?
Barry E. Janay
PREMIUM
Barry E. Janay PRO label
answered on Oct 17, 2017

Depends, most likely yes you can assign it to an entity such as a trust or limited liability company.

1 Answer | Asked in Gov & Administrative Law, Employment Law and Employment Discrimination for New York on
Q: Got a dismissal of the complaint Pursuant 8-123 (h) of the Administrative code. I have 30 days to seek review in the

Have 30 days to seek review in New York State Supreme court

V. Jonas Urba
V. Jonas Urba
answered on Oct 10, 2017

Retain an attorney who handles supreme court cases and do not miss any filing or appeal deadlines.

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for New York on
Q: In NY State, in the public sector unionized workplaces, how do the parties (workers and employers) enforce their rights?
James Francis Barna Esq
James Francis Barna Esq
answered on Oct 9, 2017

This is a very broad question that can be answered in many ways, but broadly in New York there is legislation (the Taylor Law) that sets up a system of procedures and protections for public sector employers and employees. Under this system, employees have to serve a probationary period after they... Read more »

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: Can I record video-record a constituent meeting involving me and legislative staff at my congressional office?

I have requested a constituent meting with legislative staff at the congressional office of a U.S. Representative. The office has declined to allow me to video-record the constituent meeting. As this is a publicly funded, taxpayer-subsidized office, am I within my congressional rights to record the... Read more »

Barry E. Janay
PREMIUM
Barry E. Janay PRO label
answered on Sep 11, 2017

Just the fact that it is public doesn't mean it can be recorded (i.e. court proceedings in many instance are not allowed to be recorded).

In certain locales privacy laws have been implemented whereby you cannot record someone without their consent and that also would apply to...
Read more »

1 Answer | Asked in Family Law and Gov & Administrative Law for New York on
Q: My 86 year old mother was raised as Ann, her mothers name-her birth certificate however, is Margaret

Her SS card, Medicare card, everything is "Ann" How can I get a legal name change if she already is known as Ann, except on her birth certificate? Any advice greatly appreciated

Michael David Siegel
Michael David Siegel
answered on Aug 16, 2017

Name changes are meant to be done yourself, i.e. DIY or pro se. The clerk in Civil Court in the Bronx (assuming that is where your mother lives) has the forms. It is easy.

2 Answers | Asked in Immigration Law and Gov & Administrative Law for New York on
Q: Since I'm 17 and my mom just became a citizen but im turning 18 next month, does that mean I cant apply for u.s passport

or do I have to take the neutralization test

Kevin L Dixler
Kevin L Dixler
answered on Jun 12, 2017

First, are you a lawful permanent resident? Second, are you studying to become a diplomat? No, just kidding! It is a "naturalization" test. In general, if you were lawfully admitted/adjusted as a lawful permanent resident 'before' your 18th Birthday 'and' your... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Gov & Administrative Law for New York on
Q: Is it illegal to download Wikileaks files?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jun 6, 2017

Arguably, yes - if the files are confidential, which they usually are. But one might have various defenses, i.e., their confidentiality was lost once published, 1st Amendment rights, and other defenses. More details are necessary to provide a professional analysis of your issue. The best first step... Read more »

3 Answers | Asked in Employment Law, Gov & Administrative Law and Workers' Compensation for New York on
Q: NY State: I thought am ineligible for unemployment benefits but it turns out that I am. Can I file retroactively?

I thought I was ineligible for unemployment as I was fired for misconduct. However, it turns out that I am eligible, even though I turned in my application 3.5 months late. As such, I missed all of this time of unemployment benefits prior to my application date. Can I file with NY state to retrieve... Read more »

Bruce McBrien
Bruce McBrien
answered on Jun 6, 2017

You can still file for benefits but it will be difficult to recover if you did not file for your weekly benefits over the past 3.5 months. The Department of Labor requires that you file for benefits every week, even when you have been denied and are trying to overturn the decision. In NY State you... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for New York on
Q: Re: NYS-OCFS-SH decision in bad faith, timeliness, options.Can there be an exception for timeliness? Other recourse?

OCFS returned a decision on 8-25-2016 after a special hearing on 5-4-2016, regarding a finding that stemmed from a report in 2009. The hearing demonstrated many things, including that there was never any factual basis, that no such claim was even made, that there was no investigation, other matters... Read more »

Barry E. Janay
PREMIUM
Barry E. Janay PRO label
answered on May 4, 2017

If you can prove you didn't receive the decision then you may still get your case heard via the Article 78 specia proceeding. Depending on how much or what rights are at stake you should consider hiring an attorney to assist you. Hey maybe even an attorney Justia considers a Level 7 attorney... Read more »

1 Answer | Asked in Divorce, Immigration Law, Stockbroker Fraud and Gov & Administrative Law for New York on
Q: What will happen and what should do ?

Hello

I was f1 visa student I got married in 2016 us citizen girl , we filled up the applications for the immigration and I got my ssn and the work authorization card ( work permit ) , and we still pending for the first interview , waiting when they will schedule our interview, I found her... Read more »

Christine Moccia
Christine Moccia
answered on Mar 13, 2017

You need to speak to a qualified immigration law attorney. I can advise you that if you want to seek a divorce, you have grounds regardless of any adultery. As far as the implications with respect to your status in this country, please see a qualified immigration attorney or contact a local legal... Read more »

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for New York on
Q: Can my local town force me to put my electric service wires underground
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Feb 27, 2017

Yes, based on various public utilities and construction laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on
Q: Does the New York City Police Department have jurisdiction over the New York City Health and Hospitals Corporation?
Brian Lehman
Brian Lehman
answered on Feb 9, 2017

The New York City Hospital Police Department (NYHP) is the law enforcement agency in New York City who's duties are to provide onsite safety and security services at hospitals and clinics operated by the New York City Health and Hospitals Corporation (HHC) and to enforce state and city laws at... Read more »

1 Answer | Asked in Family Law and Gov & Administrative Law for New York on
Q: Looking for info on filing legally for an AKA on my driver's license in NYS?

I'm an actor on B'way and am a member of the Actor's Equity Association. Through the union, only one person can have a name, and my legal name was taken, so was curious if there's a way to legally have an "also known as" for my Equity union name in addition to my legal name.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Feb 8, 2017

You may consider changing your name through court filings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Communications Law and Gov & Administrative Law for New York on
Q: Is there any amount of time that the federal communications commision needs to act of a pending license renewal app?

i believe that the statue that governs this would be 47 usc 312, there was never so much as a show cause order issued or any official inquiry

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Feb 3, 2017

See: https://www.fcc.gov/media/radio/broadcast-radio-license-renewal

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in...
Read more »

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New York on
Q: Is it an impeachable offense for an American president to go against the Constitution of the United States?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Feb 2, 2017

Great question! The President is supposed to uphold the Constitution of the USA. If he issues executive orders or takes other actions that clearly violate the Constitution, this may be a basis for impeachment. However, there are so many nuanced interpretations of Constitutional law that a President... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for New York on
Q: Can a sheriffs investagater into some ones garage without permission or a warrant for questioning a person for a crime

Should that diss miss a criminal case?

Andrew M. Stengel
Andrew M. Stengel
answered on Jan 25, 2017

Unless law enforcement has a warrant or there is some exception to the warrant requirement, the search is probably barred. If the search was unconstitutional, then it is possible that evidence that was recovered as a result may be supressed as the fruit of the poisonous tree.

Q: One of the parties joining our LLC appears to have secured an FSA loan with LLC crops and acreage. Is this legal?

One of the three partners was responsible for securing operating funds and was the former tenant of the acreage involved. He applied for and was approved for an FSA microloan prior the formation of the LLC. He invested part of the FSA sourced funds back into the LLC farm but at a reduced stake in... Read more »

Barry E. Janay
PREMIUM
Barry E. Janay PRO label
answered on Jan 23, 2017

You are right to be worried since based on the facts you've given it does appear that a violation of the terms of the loan took place at best and it may be fraud at worst. All of this can affect the LLC if a lawsuit is filed or if property owned by the LLC becomes the subject of the... Read more »

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Gov & Administrative Law for New York on
Q: How did a 2002 DWI conviction drop off my NYS DMV Abstract after 10 years & now reappear on my latest abstract 1wk ago?

Since I posted, I received a call back from the records department at DMV who informed me that Governor Cuomo had put into law that all DWI information originally slated to fall off your abstract after 10 years has now been changed to 15 years. She told me that the computer actually went back in... Read more »

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Jan 2, 2017

This was most likely an oversight as it should be on permanently. THAT SAID, after 10 years, you may petition a Court of competent jurisdiction to expunge and seal the conviction. This is often difficult, but considering it was (hopefully) a non-violent crime, certainly doable.

A few...
Read more »

1 Answer | Asked in Gov & Administrative Law, Personal Injury and Municipal Law for New York on
Q: What happens when you file a lawsuit against the city and they don't respond

If you file against a case against the city and they don't answer the complaint does that means I can not sue does? If I don't get a 50 H hearing and a civil suit and the other family did does that means I have no suit and they do?

Adam Studnicki
Adam Studnicki
answered on Nov 14, 2015

Not clear what you're asking in the details. Normally, in civil cases, if a defendant doesn't answer a properly-filed and served complaint, the plaintiff can file for a default judgment. Best to consult with a local lawyer about your matter.

Please Take Notice: I am not your...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.