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Questions Answered by Sandra M. Colatosti
1 Answer | Asked in Family Law and Child Custody for New York on
Q: Can I request a Lincoln Hearing on a custody modification petition appeal??

Father got full custody of children in August. I’m in the process of filing an appeal on that. Last month, I filed a custody modification due to ongoing reports of alleged abuse by the father. CPS was called by the ER and by the school. CPS worker blamed me for the calls and accused me of... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Nov 24, 2022

No, the appeal is based on the evidence presented at trial or information presented to the Family Court judge. You cannot present new evidence on appeal. You could try making a motion to reargue or renew in Family Court.

2 Answers | Asked in Appeals / Appellate Law for New York on
Q: To appeal a NY State Supreme court decision notice of appeal must be filed within 30 days of getting the decision.

Is the appellant required to submit his reason for the appeal and his description of why he believes the judgement was wrong with the notice of appeal - or can that be done at a later date?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Nov 10, 2022

You must complete an informational statement providing that information.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: mailboxes belonging to me and other tenants keep getting broken into. NO WORKING CAMS! Stealing our rent too! can we sue

To pay our landlord, we must leave the money in a mailbox which keeps getting broken into and someone is stealing the money from other tenants and me randomly. We are STILL required to pay the amount that was STOLEN. Not only that, even packages are getting taken from tenants' doors. When we... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Nov 10, 2022

You should make arrangements with landlord to pay rent another way- by mailing check/money order to LL; paying through a payment app like PayPal or Venmo or making payments into all’s bank account

2 Answers | Asked in Appeals / Appellate Law for New York on
Q: NY State Supreme Court dismissed my complaint on 10/14/2022. I want to appeal. Deadline to file notice of appeal?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Nov 10, 2022

You must file notice of appeal within 30 days after you’ve been served with a copy of the order dismissing your complaint with notice of its entry.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: In NY can a parent keep a child from staying at the other's where the separation agreement is just verbal.

We tried mediation and it failed. We both want a divorce but haven't filed yet. We live in the same building for the time being and agreed to have our 13 year old on alternate weeks. Now they are having anxiety issues when with my spouse for more than a couple of days, but he dismisses me... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 26, 2022

If you prohibit him from having parenting time he can file a petition with family court seeking custody and/or parenting time. You also can file for the same relief to address the issue b

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I sue my landlord for negligence due to him being present while I was nearly assaulted?

Roommate attempted to assault me, and damaged my bedroom door in the process and my landlord was present while this happened. I filed a police report and asked my landlord for measures to be put in place that could ensure my safety after the incident that transpired and his response was that he is... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 26, 2022

No. Your tenant had no obligation to get involved with an altercation between you and your roommate.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can cps come into your home without permission?

I was in a psychiatric center for depression and when i was talking to the therapist they asked me if i had guns in my home and i said yes because my husband is a hunter. I had a 2 year old at home and when i was in the hospital, the therapist called cps on us and they came and checked our house.... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 8, 2022

Yes it is legal.

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for New York on
Q: My ex is incarcerated and it was a domestic violence situation . His mother is requesting custody . Can I ignore this ?

My ex is arrested for attempted murder . He also abused me and his mom was aware that I could not escape the situation easily . She has never met our baby , called or texted me. 3 years later she is trying to serve me with papers for custody / Visitation. Can I just ignore this request ? It is not... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Oct 3, 2022

You must appear in court to answer the petition. The fact that she is petitioning for custody does not mean that she will be given custody. Because she is a non-parent, she would have to first show extraordinary circumstances, such as abandonment or neglect on your part. She would then have to... Read more »

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1 Answer | Asked in Landlord - Tenant for New York on
Q: Hello, my landlord just sold my house. The new owners just gave me a 30 day vacancy notice, do I still have to pay..

Rent for the remaining 30 days ?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 30, 2022

Yes.

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Hey so my father in law has full sole custody of my niece. the mother signed her over cause it was either my father in

law gets it or oe adoption she chose him . She thinks that she can get her back if she goes to the court and she gets vitiation rights. But she is drug attic has no place for this child. will she be able to get her back. and she also lost her first child also to cps and drugs. you can look her name... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 29, 2022

It seems unlikely if she has an untreated drug problem and no proper housing for the child.

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1 Answer | Asked in Landlord - Tenant for New York on
Q: in ny is there a letter for tenant transfer apartment for security deposit difference to use as first month rent

hi, my tenant is switching from the front apartment to the back apartment she paid the security deposit now we both agreed since it will be less rent in the back she will transfer the security deposit from front to back and the difference of $125 will go to first-month rent is there a legal... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 27, 2022

You might want to provide her with a statement similar to the one you would if she was moving completely within 14 days she moves out of the one apartment. You might want to wait to see the condition of the apartment she is moving out of before putting anything in writing.

1 Answer | Asked in Contracts, Family Law and Child Custody for New York on
Q: If a couple that is separated writes a parental agreement contract, can the cops get involved if one disobeys it?

Without going to court my ex and I would like something, such as a parental agreement stating who has the kids and when. If we make a contract ourselves and sign it, if one threatens to keep the kids can the police get involved? Will it hold up in court?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 24, 2022

No, the cops won’t get involved unless there is a court order. What you have in mind has no legal effect. Better to go to court and get a custody order.

2 Answers | Asked in Landlord - Tenant for New York on
Q: I got a default judgement against me from unpaid rent . They are garnishing my wages however there was another person

Are they supposed to garnish my wages for all unpaid debt or are they supposed to make me pay half

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 12, 2022

You are jointly and severally liable for the rent, meaning that you can be made to pay the full amount yourself if the landlord is unable to collect from the other tenant.

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2 Answers | Asked in Child Custody and Divorce for New York on
Q: My 15 years old daughter is manipulated by her uncle. I am trying to get custody. How will I keep uncle away?

I filed divorce. My wife is using her brother to detach my children from me. I can prove that.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 12, 2022

Custody can be determined in your divorce proceeding either by agreement or by trial. If you and your wife are unable to agree to a custody that you like, you would benefit from retaining an attorney if you hav not done so already.

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2 Answers | Asked in Family Law and Child Support for New York on
Q: If I terminate my parental rights in nyc do I still have to pay child support?

I’m estranged from my twins I’ve been paying child support since they were two, they’re eleven now, I’ve kept my rights over them because I feel one day they’ll overcome their mothers brainwashing and will decide to live with me but I fear that day will never come.

Their mother... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 11, 2022

You are legally obligated to support your children until they are 21 and maybe older. You can’t terminate your parental rights unilaterally to avoid paying child support.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: I cared for child since moved in my home at week old because mother wouldn't mother lived in home as well she took child

Won't let me see child been 21 days my lawyer hasn't done nothing and childs lawyer hasn't

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 8, 2022

You can a petition in Family Court for visitation

1 Answer | Asked in DUI / DWI, Family Law and Car Accidents for New York on
Q: Can CPS tell you not to be alone with your kids before you're proven guilty of a charge?

My fiance got in a car accident due to the wheel guard falling off and catching under the tire and yanking him off the road on8/25,our daughter was in the car also. He had an energy drink 10 min before and blew a 0.1. This caused him to get an aggravated dwi charge and appearance to court date. CPS... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 5, 2022

Yes they can

1 Answer | Asked in Real Estate Law and Appeals / Appellate Law for New York on
Q: Why decision is not published in Justin? What shall I do to publish decision?

LT-059414-2010

Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 4, 2022

Decisions are published on the court’s website. You also can find decisions on the NY Reporr website.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: My child's mother gave custody to her mother when I went to jail for a month. Shouldn't I have custody now that I'm out
Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 31, 2022

You have priority over the grandmother for custody. However, if they will not give the child to you, you will need to file a petition with Family Court.

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