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New York Gov & Administrative Law Questions & Answers
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
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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 »

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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...
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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...
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1 Answer | Asked in Gov & Administrative Law for New York on
Q: When will my refusal hearing be held?
Mark A. Siesel
Mark A. Siesel
answered on Jul 21, 2011

By law, your refusal hearing must be held within 15 days of your arraignment or your license must be reinstated.

1 Answer | Asked in Gov & Administrative Law for New York on
Q: Can I testify at a DWI Refusal Hearing?
Mark A. Siesel
Mark A. Siesel
answered on Jul 16, 2011

You are permitted to testify. However, the determination as to whether you woudl testify depends on the strength of the case that is presented against you by the police officer. On several occasions, I prepared my client to testify at a Refusal Hearing, but then due to the weakness of the case... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on
Q: What is a 50-H Hearing?
Mark A. Siesel
Mark A. Siesel
answered on Jul 11, 2011

A 50-h hearing is essentially a deposition or examination under oath which is conducted by a municipality such as a town or village when you make a claim against that municipality for personal injuries and or property damage arising out of an accident or incident. You will be asked a series of... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on
Q: I have a refusal hearing coming up. Should I testify at the hearing or not?
Mark A. Siesel
Mark A. Siesel
answered on May 4, 2011

This is a difficult question to answer since several factors go into the decision. If you do testify, both the judge and the police officer can cross examine you. The officer must testify first, and if your attorney is able to cross examine the officer effectively, it is probably better that you... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on
Q: What are the issues at a refusal hearing?
Mark A. Siesel
Mark A. Siesel
answered on May 3, 2011

At a refusal hearing, the issues are as follows: First, did the police officer make a valid stop of your vehicle; Second, were you issued clear and unequivocal warnings about your refusal to take a chemical test of your blood, breath or urine; Third, did you "persistently" (more than... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on
Q: What are the penalties if I am found guilty at a refusal hearing?
Mark A. Siesel
Mark A. Siesel
answered on Apr 30, 2011

If the judge fins that you did refuse a chemical test, you will be fined $750.00 and your license will be suspended for one year if you have a non-commercial license, and 18 months if you have a commercial license.

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