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1 Answer | Asked in Employment Law for New York on
Q: If you're scheduled for work and find the store closed to you get paid

Store was closed for co leak and I wasn't notified

V. Jonas Urba
V. Jonas Urba answered on Sep 2, 2021

New York City's Code may be helpful. Here is a link:

https://www1.nyc.gov/assets/dca/downloads/pdf/about/FairWorkweek-LawRules.pdf

You may want to review your employee handbook, which every employer should have, although not mandated to have, which might address closures....
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1 Answer | Asked in Appeals / Appellate Law, Contracts and Civil Litigation for New York on
Q: Motion to Vacate or Appeal?

I recently represented myself (big mistake) and lost to an adversary with an attorney.

The judgement is an order against me but I think the judge was asleep since he got many details wrong.

Would a Motion to Vacate (based on errors and new evidence) work and what is the timeframe?... Read more »

Kevin Abessi
Kevin Abessi answered on Sep 2, 2021

Hi.

Attorneys are prohibited from soliciting in the Ask a Lawyer section. However, a search in the directory based on your needs should help you find good options for this matter.

Thanks.

1 Answer | Asked in Criminal Law, Landlord - Tenant and Libel & Slander for New York on
Q: I believe the location where I have been staying at is mixing the bathing water with sewer water or feces...options?

I've been staying there for 9 months my whole body smells like the stuff I've seen four dermatologists and they've said nothing is wrong. I believe it may be some form of secret society group at work. Idk if I go to police if I will be taken seriously.

Stuart Austin
Stuart Austin answered on Sep 1, 2021

I think the best way to be taken seriously and to either prove or disprove your point is to take a video of someone collecting a sample of the water and then sealing and sending that sample for testing to a lab.

Good Luck

1 Answer | Asked in Real Estate Law for New York on
Q: purchased together before marriage, never put in our names husband left divorced 3 years ago. Who owns the land

Land purchased before marriage. Never put deed in our names. Divorced 3 years ago without mention of propertyin the divorce. ExWife paid taxes last 3 years and occupied the home. Husband just put property deed into his and new wife's name. Told ex wife and 18 year old child they are squatters... Read more »

Elaine Shay
Elaine Shay answered on Sep 1, 2021

Basically, anyone can file an adverse possession claim but that doesn't mean anything about the likelihood of obtaining a successful judgment. In New York, the standard for an adverse possession claim has evolved but the strength of the claim is heavily dependent on the facts of the... Read more »

2 Answers | Asked in Estate Planning for New York on
Q: If three out of four heirs agree to a cash offer for apprised value of house does the fourth have to as well?

The fourth heir wants to put house on market to see if a bidding war would happen to maybe get a few thousand more as where the other three are willing to take the garunteed cash offer at apprised value. Can the executor accept the cash offer or do all have to be in agreement

Michael David Siegel
Michael David Siegel answered on Sep 1, 2021

Depends on the discretion of the Executor in the will based on the terms of the will.

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1 Answer | Asked in Employment Discrimination for New York on
Q: Looking for some clarification regarding to this document. It’s seems to be an adjustment request to a existing law?

Face Coverings for COVID-19 Prevention Effective date: 8/27/21

Pursuant to the authority vested in the Public Health and Health Planning Council and the Commissioner of Health by Sections 201, 206, and 225 of the Public Health Law, Title 10 (Health) of the Official Compilation of Codes,... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 1, 2021

Not sure what your question is. The regulation/law seems clear, plain, unambiguous. It seems to speak for itself:

2.60. Face Coverings for COVID-19 Prevention

(a) As determined by the Commissioner based on COVID-19 incidence and prevalence, as well

as any other public health...
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1 Answer | Asked in Contracts for New York on
Q: If I am to become a power of attorney for my ex husband and I am on ny state gov.benefits can they recoup or take away

Benefits issued to me he also receives compensation payments

V. Jonas Urba
V. Jonas Urba answered on Sep 1, 2021

An attorney in fact, appointed by the principal or the maker of the document, steps into the shoes of the maker or principal of the document.

The attorney in fact must act in the best interests of the principal or maker of the document. That is called being a fiduciary for the principal or...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: A friend paying the rent with his check. Lease is on my name. NYC landlord suspicious.

Mid year through the lease, I had to move out but the landlord did not want to break the lease even with three months notification. A friend moved in and has been paying the rent with personal check. The landlord is now suspicious. What can I do?

Elaine Shay
Elaine Shay answered on Sep 1, 2021

If you moved out and had someone not on the lease move in to the apartment and pay rent, you have effectively subleased your apartment. Most leases prohibit tenants from subleasing without the landlord's consent. You ask, "What can I do?" The answer to that question depends upon... Read more »

2 Answers | Asked in DUI / DWI for New York on
Q: First offense DWI. First offense, no accident 1192.2 and 1192.3 and 1128a. Returned Dl. What to expect in court?

Westchester county NY. Never been arrested first offense. Tried to get the police report and the police doesn’t want to give me one. 2 breathlyzer one highway and the HQ. I don’t know how much the police found BAC. High education, 30, full time employee. Can go down to DWAI since is first... Read more »

Michael D. Litman
Michael D. Litman answered on Aug 31, 2021

A first offense DWI with no aggravating factors may be able to be reduced to a DWAI violation, but it will depend on the BAC. The Westchester DA's office is very specific about how they handle different BAC readings. You should hire an attorney, so that can try to get the paperwork from the... Read more »

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1 Answer | Asked in Tax Law, Real Estate Law and Appeals / Appellate Law for New York on
Q: I have been paying commercial property taxes for a common ground

I own residential and commercial property that sits on 1 lot. The commercial property next to me was run by a bank and was recently vacated. A new owner has informed me of a substantial common ground

Elaine Shay
Elaine Shay answered on Aug 31, 2021

Your post doesn't contain a question. If you want assistance with general information related to your situation, it would be helpful to understand what it is you want to know.

1 Answer | Asked in Traffic Tickets for New York on
Q: My vehicle was towed yesterday moving it from deal in Tennessee to a shop in Buffalo New York because of a registration
Toshinori Isoai
Toshinori Isoai answered on Aug 31, 2021

I do not see a question here. We need more detailed descriptions of the issue.

1 Answer | Asked in Contracts and Sexual Harassment for New York on
Q: My boss of 5 years is now insisting I sign a form agreeing he can go through my phone when he wants .

I took a picture of my foot in a company car and for the first time in years it for some reason was an issue to him. Literally my own foot . Could not identify anything else, riding a half hour to a location for work. He also regularly harasses me and makes inappropriate comments making me fear... Read more »

V. Jonas Urba
V. Jonas Urba answered on Aug 31, 2021

Are you working off the clock? Unpaid overtime for answering calls, texts, emails? He might owe you for up to 6 years of unpaid wages. You could insist on being paid for all that time and firing you for that would be retaliation.

Have you considered telling him that you find his behavior...
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3 Answers | Asked in DUI / DWI for New York on
Q: DUI NY First time ofense. Charged w/ 1192.2, 1192.3 and 1128A. Returned DL and told can drive. What can expect in court?

Westchester county NY. Never been arrested first offense. Tried to get the police report and the police doesn’t want to give me one. 2 breathlyzer one highway and the HQ. I don’t know how much the police found BAC. High education, 30, full time employee

Toshinori Isoai
Toshinori Isoai answered on Aug 30, 2021

It's a statutory DWI (per se) and DWI based on common law. When you get charged with DWI, you are often charged with both. 1128A is a unsafe lane change violation. I strongly recommend that you retain an experienced attorney since it's a complicated area of law with serious ramification... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Can my landlord put me out with just a 90 notice
Elaine Shay
Elaine Shay answered on Aug 30, 2021

If you are not protected under any of the existing rent regulations and you don't have a current lease, the landlord may properly serve you with written notice terminating your tenancy on 30-90 days notice. If you fail to vacate, the landlord would then have to commence a holdover proceeding... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I'm renting a house w/ lease stating "Yearly lease has potential for renewal up to 3 years" Can I stay if owner returns?

I am renting a house with a 3 year possible commitment. The lease states: "Yearly lease has potential for renewal up to 3 years with the rate staying the same and after the first year the ability for tenants to give 30 days notice of vacating without penalty" If the owner decides to... Read more »

Elaine Shay
Elaine Shay answered on Aug 30, 2021

Leases, like other contracts, cannot always be accurately reviewed by looking at just one sentence or clause. Therefore, your best course of action to obtain an accurate answer to your question would be to forward the entire lease to an attorney and have it reviewed.

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: I won a settlement. I don't agree with the settlement amount. Can my lawyers go back for more money?
Michael D. Birchmore
Michael D. Birchmore answered on Aug 30, 2021

While it might be unlikely, you should discuss with your attorneys who actually know all the facts of your situation.

3 Answers | Asked in Immigration Law for New York on
Q: Can my wife apply for a green card if I do not have my own apartment?

Can my wife apply for a green card if I do not have my own apartment yet? I was residing outside of the US since I turned 18, and was living with my girlfriend, but now I am back in the US and live with my mom temporarily. Can my wife apply even though we do not have our own apartment in the US... Read more »

Agnes Jury
Agnes Jury answered on Aug 30, 2021

Having your own place to live is not a pre-requisite to filing for adjustment of status. It would be helpful to have your mom complete an Affidavit affirming that you are living with her and state other facts that give your mom no doubt that you are a "true" (vs. fake) marriage. I... Read more »

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1 Answer | Asked in Estate Planning for New York on
Q: If I have the deed to my grandmothers house in Puerto Rico is it mine?

I’m being told that my cousins have rights to this house. My mother was the youngest of seven children and has died but now I’m being told that the house has to be divided among my cousins.

Gary Lane
Gary Lane answered on Aug 28, 2021

What exactly do you mean by "I have the deed"? Is the deed in your name? Did a transfer deed into your name ever get recorded or even written? Merely having possession of the piece of paper (the deed) does not give you possession of the property, even if it was given to you with that... Read more »

1 Answer | Asked in Civil Rights, Health Care Law and Landlord - Tenant for New York on
Q: I have postural orthostatic tachycardia syndrome which limits my mobility. I contacted my APT which denied a request.

When contacting the APT they claimed that I would have to get a handicap pass and then use those spots which I told them that I did not need a spot within 200ft and just need it in the front lot compared to the back lot which is much further

Tim Akpinar
Tim Akpinar answered on Aug 27, 2021

This is something that only the experienced landlord-tenant attorneys here are qualified to advise on. But your post remains open for three weeks, and you have a medical condition that is creating a hardship for you. You could reach out to the landlord-tenant attorneys here (using the Find-a-Lawyer... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: I just sent i i30 (Family Sponsorship Form ) now I’m in process and awhile I’m waiting can I make form i485 ? Thanks
Kyndra L Mulder
Kyndra L Mulder answered on Aug 27, 2021

Whether you can file the I-485 now or should have filed it concurrently with the I-130 depends on the relationship between the petitioner and applicant.

You have the option of doing the research yourself at USCIS.gov. Read the eligibility requirements for the I-130 and I-485.

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