I surmise that the infant may be a possible beneficiary by designation or inheritance to part of the pension benefits to be paid out, and the former spouse seeks the same benefit. An attorney should be consulted to review the OTSC and the related documents. Don't delay, or you may default.

If your facts are correct, in NYS a petition in family court may be in order. The prior legal guardian, or if none, a request for a legal guardian would be made, and that guardian represents the child independently of the parents and makes a determination and advocates to the judge what should be... View More

No, in NYS the testator does not sign the affidavit, just the Will. The affidavit is meant to serve as a substitute for the court to the live testimony of the witness(es) that the testator signed the Will before them and was of sound mind, etc. The reason for the affidavit is that often it is a... View More

You don't specify your age, but you may have the ability to file a civil suit against your father (and possibly your mother as a conspirator), but it will be a factual determination at trial why you lied. Consult a personal injury attorney to review details an applicable statues.

CPL 140.10(4) mandates the arrest of someone violating an order of protection, and the officer is prohibited from trying to reconcile or mediate the parties, where there is reasonable cause to believe the order was violated.

Laws don't stop fights, they just tell one what conduct is illegal and the penalty if a perpetrator gets convicted. Your question seems to really be what is your liability. If you are somehow civilly responsible for allowing the fight (or promoting it) your accident waivers, even if... View More

Not based on the facts you presented.

In NY, the police need not administer Miranda rights until he is actually arrested. Often, they will delay a formal arrest of a target in order to interview him, raising the potential suppression hearing issue that the defendant was in actual custody, not just being interviewed. Consult a... View More

In NYS, SCPA 1303(a) addresses this issue, as it addresses qualifications of a voluntary administrator in an intestate estate. No, an 8 year old cannot serve as an administrator, so I can think of no reason why he wants a waiver from her, not that such is necessarily a valid instrument anyway.

The estate executor issues an executor's deed (or if not executor, the administrator issues and administrator deed) from the estate to the intended person(s).

In NYS, if your mother died a widow and without a will, then your brother was never an executor. If he was an administrator recognized by the court there is a record of that in Surrogate's Court. If you are entitled to a share of the property in this if your mother died intestate (without a... View More

File a Freedom of Information request of the investigating police agency. If the case is closed and no longer appealable you may be entitled to receive the information or be allowed to review the file if not digitized. A word of caution, murder files have gruesome material, especially autopsy... View More

Yes, that information is obtainable as the case is still a matter of public record, absent a sealing order. An adjournment in contemplation of dismissal is still also an open case as it has not yet been dismissed, so although one no longer goes to court for 6 or more months and it is automatically... View More

Your facts suggest you were in fact convicted of a crime if you paid a fine. If your conviction was for a crime, the fingerprints and mugshot and criminal history are there forever, unless somehow expunged or sealed. A charge that is dismissed has the associated fingerprints and photographs... View More

Given that the criminal matters and your divorce are intertwined to some degree, if possible you should hire an attorney who handles both matrimonial and civil matters ideally.

A spouse may file by order to show cause in NYS for "pendente relief" for emergency or quick turnaround on a spousal maintenance decision from the Supreme Court in which your divorce is being litigated.

ICE Tip Line: 866-DHS-2-ICE

When the protected party approaches the restrained party intentionally, that party should leave if possible. If the other person follows or persists in such or similar behavior, call the police and complain about it and call your attorney, as intervention may be in order to modify or rescind the... View More

The existence of a search warrant means a judge reviewed the attestation of facts and found sufficient cause to have the premises searched in pursuit of an investigation, and presumably enough to connect the premises with the defendant and suspected crime(s). He can challenge the warrant prior to... View More

Charged with "anything" is pretty broad. That said, this device is not listed as a firearm in the Penal Law of NYS, nor does it seem capable of discharging a bullet without alteration, so does not appear to require a firearm license. You should review PL section 265.00 to satisfy... View More