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Questions Answered by Sandra M. Colatosti
1 Answer | Asked in Child Custody and Child Support for New York on
Q: At what age does a custody agreement become null and void in New York State?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Sep 15, 2023

When the child becomes 18 years old.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: This pertains to a criminal appeal. After the brief is uploaded to the appellate division, what happens after that?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 31, 2023

Hard copies must be filed. Respondent then has 30 days to file brief but usually requests extensions.

2 Answers | Asked in Family Law for New York on
Q: My ex wants to change my child's last name to her own.I dont consent. What is chance of a judge granting the change?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 15, 2023

She must obtain your consent unless she can show that you abandoned the child.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: How do I remove a person from my home who is not on my lease?

I live in Brooklyn, New York. How do I remove a person from my home who is not on my lease and has been staying with me for almost 1 year without paying any bills or money towards my rent. I attempted to have him removed by calling the police, but they stated since he lived with me, I could not... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 13, 2023

First you have to serve him with a 10 day notice to quit. If he doesn’t move after the 10 days you must serve him with a 30 day notice. If he still doesn’t move you must initiate an eviction proceeding

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2 Answers | Asked in Landlord - Tenant for New York on
Q: We sent a tenant a notice to vacate via certified letter, but she is refusing to accept it. What is our next step?

This tenant has been getting increasingly demanding and feels the property is hers, so we decided it was time for her to move. It is a 90 day notice. She is a month to month tenant.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 24, 2023

Certified mail is insufficient service. A 30, 60 or 90-day notice must be served in person, on a person of suitable age or discretion or nail and mail. You should not do the service yourself. You should consult an attorney if you do not know how to properly serve the tenant.

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1 Answer | Asked in Child Custody, Child Support and Divorce for New York on
Q: Going thru seperation, have no alimony or child support, nor do I work, my daughters school won’t give me a break on tui

Tuition bc they base it off my husbands salary. The tuition is $18,000, I have no income and an old falling down house. Should t my lawyer give me a document stating this, so I can enroll my daughter for an affordable price. It’s also based on breadwinners salary.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 22, 2023

You should discuss your options with your attorney.

1 Answer | Asked in Family Law for New York on
Q: I'm 16, if my dad beats me or lays his hands on me because I stood up for myself, can he be arrested or charged?

My step grandma tried to make me clean up her mess that she made and I told her no and walked to my room, after that she told me dad and he threatened to beat me.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 22, 2023

Yes, if his actions rise to the level of a crime.

3 Answers | Asked in Family Law and Child Custody for New York on
Q: My daughter's mother and I share custody. I have physical custody. If we move out of state, can she stop us?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Jul 16, 2023

The mother must consent to you moving with the child. If she does not consent, you must petition family court for permission to move. The court must decide if it is in the child’s best interest to move, taking into consideration at number of factors.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: How is this legal ?? I went to court for eviction with a legal aid the pension is agree to amend petition to include

Present rent which is June the judge gave me till the 14 of July to pay the back owed $ on June 6 my landlord went to city marshals to get me out in 14 days my aid sent me a copy of court paper by mail with another paper saying to pay June rent on time really ?????

Never agreed to that... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 24, 2023

Generally, an agreement to pay the arrears includes a provision to pay the current rent on time. Failure to pay the current rent on time is grounds for the landlord to have you evicted. You can stop the eviction by paying all the rent you owe.

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2 Answers | Asked in Family Law for New York on
Q: if divorce finalizes before the Order of Protection hearing, does it turn into a criminal case instead of family case?

My divorce judgement was signed by the judge already, just waiting to receive it myself. There's a good chance I get it before the temporary order of protection hearing, will that affect the hearing at all? Can it turn into a criminal matter seeing as technically we're no longer family?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 9, 2023

The case will not turn into a criminal matter unless there was a criminal court matter.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for New York on
Q: I've been without full power in my mobile home because park management will not do electrical repairs and I was told it'

It's a dangerous situation and I have no hot water or cooking stove

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 4, 2023

It depends. If you own the mobile home and there is an electrical problem in the home, you are responsible for getting it repaired. If you rent the mobile home, the owner is responsible. If the problem is outside the home, the park manager or power company would be responsible for the repair,... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: Do perspective tenants have to pay for renovations of an apartment prior to a move-in?

Hi. I live in New York and am interested in moving to another apt there. The new apt would be in a lower level than where I presently reside and has additional conveniences from my present place of residence. The owner of the new apt has given me a quote of one rate but in order to keep the rental... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 3, 2023

It seems that the owner is offering to rent the apt to you at a lower rent in exchange for paying for the improvements. It would be better practice for him to charge you a higher rent since he has made improvements.

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2 Answers | Asked in Family Law for New York on
Q: Need a DNA test done need to know the best way to go about it.

The guy that signed the birth certificate. Told the kid I was her father. We want to find out. Court denied me years ago to get a DNA test.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Jun 2, 2023

You will be faced with the issue of equitable estoppel. That is, if the child believes that the other man is his/her father and it would not be in the child's best interests to find out that you are actually the father, the court will will not order a genetic marker test.

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1 Answer | Asked in Family Law and Child Custody for New York on
Q: Do I have a right to say a confrontational third party person can’t be present during supervised visitation?

I have court ordered custodial rights with my daughter, her father has a minimum of a year supervised visitation, we have joint custody. He has recently moved another woman into the house where we meet for visitation. Of the 3 times she has been present during visitation she has destroyed furniture... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 16, 2023

Yes. You can ask the judge to order that she not be present during the visits. Also, you might want to consider doing the visits elsewhere or have a third party supervise the visits.

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord refuse to accept rent from someone other than tenant if record?

I’m the daughter and lived in the apartment 54 years. My mother is 87 and in a wheelchair so cannot pay rent. We are in a very low rent rent stabilized unit.

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 10, 2023

No, as long as the rent is being paid the landlord should accept it.

1 Answer | Asked in Landlord - Tenant for New York on
Q: In NYS, what should a landlord do if a tenant abandons their unit and belongings without paying rent?

Tenant has been experiencing mental health crisis and had escalating conflict with housemates involving many police calls and crisis services visits. They left no contact information and there is no contact information for family. The other housemates are moving out (no penalty, it's... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on May 10, 2023

You must retain the tenant's belongings in safekeeping for a reasonable time (usually 30 days). If the tenant does not contact you to reclaim them, you may dispose of them whichever way you like.

3 Answers | Asked in Landlord - Tenant for New York on
Q: i live in NYS and would like some advise on how to evict my boyfriend from my home.

BF is not on my mortgage. we have one child in common who is 6. he will not leave. i have been given conflicting information on how to proceed so i would appreciate any guidance.

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 26, 2023

First, you need to have him served with a 10-day notice to quit. If he does not leave after the 10 days, you have him served with a 30 day notice (i.e., must serve by the end of the month prior to the month at the end of which you are telling him to leave). If he doesn't leave, you must file... View More

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1 Answer | Asked in Child Custody for New York on
Q: If both parents are found not capable of caring for a child, who can take custody? The state or relatives?
Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 20, 2023

The Dept of Social Services must investigate whether there are any suitable relatives who may take custody of the child. If there are none, the child will be placed in foster care.

2 Answers | Asked in Child Custody and Family Law for New York on
Q: Can family court assign both parties and the child all the same public defender
Sandra M. Colatosti
Sandra M. Colatosti
answered on Mar 12, 2023

No, it would be a conflict of interest for the same lawyer to represent all of you.

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3 Answers | Asked in Landlord - Tenant for New York on
Q: Can i get my security deposit back

My landlord for the last apartment I was in had a security deposit of $750 dollars. I paid this and lived in his apartment for over a year on a month to month basis for the same price of $750 dollars. I found a new apartment in December of 2022 and told my landlord about this on December 26th, and... View More

Sandra M. Colatosti
Sandra M. Colatosti
answered on Feb 5, 2023

Under the law, as a month to month tenant, you were required to give your landlord 30 days notice of your intention to vacate; ie, you were required to notify him on or before November 30 that you intended to vacate by December 31st.

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