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I am reaching out to request legal guidance regarding a troubling situation involving the unauthorized use of my personal and medical information by a former primary care provider based in Brooklyn, New York.
On Monday, I was contacted by Quest Diagnostics, who informed me that a lab test... View More 
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answered on Apr 5, 2025
I'm sorry you're experiencing this. What you've described raises significant concerns involving unauthorized use of personal and medical information, which may violate both federal and New York State law.
Under the Health Insurance Portability and Accountability Act (HIPAA),... View More
I have a no contact order against me regarding my wife, issued a month ago, but all my essential belongings, including clothing, cooking items, blankets, my birth certificate, and banking info, are still at her place. The order prohibits me from going to the property, but I've been informed by... View More
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answered on Apr 5, 2025
I'm sorry to hear about your situation. In New York, if there is a valid no contact order (commonly referred to as an order of protection) issued by a court, you are prohibited from having any direct or indirect contact with the protected party, including going to their residence, even if it... View More
I was a bystander during a fight where a girl is pressing charges against my friends. I knew the fight would happen and slightly encouraged one party by telling them to do it now or not at all. However, I did not participate in the fight. There was a rule against fighting, but it took some time... View More
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answered on Apr 4, 2025
In New York, it is possible for a bystander to face criminal charges if their conduct goes beyond passive observation and includes words or actions that encourage or provoke a fight. Even if you did not physically participate in the altercation, your statement urging one party to “do it now or... View More
I was sentenced to two years of supervised release with a time-served sentence, avoiding imprisonment. The offense's maximum supervised release term was three years. Fifteen days before the end of my term, the prosecutor filed a Violation of Supervised Release, requesting six months of... View More
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answered on Apr 3, 2025
Your concerns are understandable, especially given the complexity of supervised release violations and the possibility of significant consequences even near the end of your term. Based on the details you've provided, your understanding of the sentencing provisions under 18 U.S.C. § 3583... View More
If I give up my parental rights, do I still have to pay child support? I currently have a court order for child support in place, but I have not heard or seen my kids in four years. There are no agreements with the other parent regarding child support and parental rights.
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answered on Apr 3, 2025
I understand how emotionally complicated it can be to feel disconnected from your children while still having legal and financial obligations. In New York, terminating parental rights does not automatically eliminate child support obligations unless the court specifically orders otherwise in very... View More
I am seeking to change my power of attorney from my husband, whom I am divorcing, to my daughter, who oversees my healthcare. I have been diagnosed with Bipolar disorder, and my daughter has been instrumental in managing my medications, which has helped me avoid hospitalization. My daughter... View More
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answered on Apr 2, 2025
I understand how important it is to have someone you trust managing your affairs, especially during a divorce and while addressing health needs. In New York, changing your power of attorney (POA) is a relatively straightforward process, even if you are in the middle of a divorce. As long as you are... View More
I am currently in the middle of divorce proceedings with my husband, who seems to be mentally incompetent. He was in a nursing home or rehab during our last court appearance 10 days ago and appears to be under heavy medication, possibly in Hospice. I am seeking medical information about his mental... View More
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answered on Apr 2, 2025
I understand that navigating a divorce while also dealing with your husband’s declining health and concerns about his mental capacity can be incredibly stressful. It’s even more difficult when significant financial assets have been spent and you’re unsure of your legal options moving forward.... View More
I am involved in a criminal case concerning my husband, related to assault. The current court branch has postponed the hearing because the judge is on leave due to an operation, and this branch is known for frequently resetting the majority of its hearings. Given that this is the first postponement... View More
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answered on Apr 1, 2025
I understand your concern about delays in your husband’s criminal case, especially given the impact that repeated postponements can have on defendants and their families. In New York, however, transferring a criminal case from one court branch to another due to scheduling concerns or judicial... View More
I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?
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answered on Mar 31, 2025
I’m sorry to hear about your child’s health issue and the stress this situation has caused. Exposure to lead, especially for young children, can have serious and lasting effects. In New York, landlords have specific legal responsibilities when it comes to disclosing and addressing the presence... View More
If someone has committed crimes previously but wasn't caught until their recent offense, does this affect the severity of their charge? For instance, Peter was arrested for assaulting and robbing a pizza delivery man. He admitted to multiple similar crimes after being caught for causing severe... View More
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answered on Mar 31, 2025
This is an important question, especially when it involves serious felony charges. In New York, a person cannot be formally charged or sentenced for prior crimes unless those acts are separately prosecuted or admitted under oath during a court proceeding. However, prior undocumented or uncharged... View More
I asked someone to play a hand wrestling game with me in a public area, where I told them to hold their fist out so I could drag it to my side. During the game, I let go of their fist which resulted in them accidentally hitting their face, causing a black eye. They had consented to the game, but... View More
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answered on Mar 31, 2025
In New York, whether your actions amount to an unlawful physical act depends on several factors, including intent, consent, and the foreseeable consequences of your conduct. While the person consented to participate in the hand wrestling game, that consent does not automatically shield you from... View More
Can I take legal action against my mother for kicking me out of her house in Rochester, NY, when I was 18 years old? I had lived there for several years, was not paying rent, and was not given any notice or reason for being asked to leave. The issue arose because my mother was unhappy with my... View More
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answered on Mar 31, 2025
I understand that being asked to leave your home under these circumstances is distressing. In New York, once an individual reaches the age of 18, they are considered a legal adult. This means that parents are no longer legally obligated to provide housing or support. As a result, a parent can ask... View More
I fostered a child for over a year, but the child has now been returned to their biological parents. During the fostering period, there were no legal proceedings to terminate the biological parents' rights, and I haven’t tried to adopt the child. I would like to know if I can obtain parental... View More
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answered on Mar 25, 2025
I understand that this is likely a very emotional situation for you, especially after forming a strong bond with the child during the foster placement. In New York, however, the law gives significant weight to the rights of biological parents, particularly when those rights have not been terminated... View More
I was involved in a civil case at family court and requested a free lawyer because I couldn't afford one. The court acknowledged my request and sent me forms to fill out, which I completed and sent back. During the hearing, the court claimed they hadn't received my forms, and the judge... View More
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answered on Mar 25, 2025
I understand how upsetting and confusing this experience must have been, especially when you were expecting legal representation and were asked to proceed without it. In New York Family Court, whether a judge can proceed and make a decision without assigning counsel depends on the type of case and... View More
I am involved in a child custody case where the other parent currently has temporary custody, although I had full custody of our child until January this year. I have had custody for our child's entire life, largely due to the other parent's long history of neglect and abuse. I would like... View More
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answered on Mar 25, 2025
I understand how upsetting it must be to lose temporary custody, especially after having been the primary caregiver for your child's entire life. Regaining full custody in New York after a temporary order has been issued involves demonstrating to the court that a change is in the child's... View More
My dad passed away several years ago, and due to disagreements among his children, I never filed for a Declaration of Heirs. My dad's house was solely under his name, and we were waiting for everyone to come together. However, it turns out that my dad's siblings, who had no legal interest... View More
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answered on Mar 25, 2025
I'm sorry you're facing this situation—it can be deeply upsetting to discover that family members may have transferred or sold property without any legal authority. Based on the facts you've shared, it appears that your late father passed away intestate (without a will), and the... View More
In Federal Court, can an executor try a case Pro Se if all beneficiaries are okay with it, and the executor has not faced any legal challenges while managing the estate?
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answered on Mar 20, 2025
I understand that navigating legal matters as an executor can be overwhelming, especially when trying to manage an estate while ensuring compliance with court rules. While it may seem practical to represent the estate Pro Se in federal court, unfortunately, an executor cannot do so, even if all... View More
I am looking for legal advice regarding a situation in New York where an elderly man gave a young lady money regularly to prevent her from informing his wife and the police about an inappropriate incident. The young lady is now facing charges of grand larceny and coercion and awaiting indictment.... View More
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answered on Mar 20, 2025
This is a serious legal matter, as grand larceny and coercion are both significant criminal charges in New York. Since the young woman already has legal representation, her attorney will be the best person to assess her case based on the specific evidence, witness statements, and any mitigating... View More
I am looking to sue the Utica Police Department and the apartment complex where I live due to their handling of an emergency vacate order related to my ex-boyfriend, who was abusive. The emergency vacate order, obtained through family court, clearly states he must vacate immediately. However, the... View More
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answered on Mar 16, 2025
I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both... View More
My former wife, who recently passed away, wished to leave some money to a young lady she believed might be her granddaughter. The young lady is 21 years old, and my former wife wanted to confirm this relationship through a DNA test if the young lady is willing. No legal process has been started,... View More
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answered on Mar 16, 2025
I understand that you want to honor your former wife’s wishes and ensure that this young woman has the opportunity to confirm her potential relationship with her. Since there are no legal proceedings underway and your former wife did not leave a formal estate or legal documents outlining her... View More
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