Questions Answered by Barry Eran Janay

Q: petite larceny at 20yrs old plead no contest now 27yrs old will that show for fingerprinting in refrence child care job

1 Answer | Asked in Criminal Law and Employment Law for New York on
Answered on Mar 30, 2017

Call the court to find out if your records were sealed, even if they say "Yes" there's still a chance that the prints will show up in the FBI database.
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Q: If someone died n left money for u in an estate can u authorize the withdrawal or transfer to b in someone else's name

2 Answers | Asked in Estate Planning and Family Law for New York on
Answered on Mar 30, 2017

You can disclaim an inheritance or gift in a will.
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Q: Can I include a closely partnered business into my non-compete agreement?

3 Answers | Asked in Business Law for New York on
Answered on Mar 30, 2017

Yes, a company or it's affilliates can be specifically included in a non-compete agreement.
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Q: Friend renting from me (no lease) will not leave. Can I take away his cable box (that I pay for) & change the Wifi PW?

2 Answers | Asked in Criminal Law and Landlord - Tenant for New York on
Answered on Mar 29, 2017

Yes. Get ready for a fight.
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Q: Looking for the law that states when a petitioner fails to appear that the judge must dismiss the case

1 Answer | Asked in Civil Litigation and Family Law for New York on
Answered on Mar 29, 2017

It's called "dismissal for want of prosecution" under the Civil Practice Law and Rules (Supreme Court) that is Section 3216. Article 8 of the Family Court Act allows this as well.
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Q: My parents are deceased, they had land in Tusten County, NY. No will. How can I transfer the DEED?

2 Answers | Asked in Real Estate Law for New York on
Answered on Mar 29, 2017

Apply to the Probate court for Letters of Administration, once you are appointed as the Administrator they will issue letters of administration and you can transfer the property and execute the deed.
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Q: My farthers long time girlfriend (over 40y) passed away. How can I find out if she left me anything from her family?

2 Answers | Asked in Estate Planning and Family Law for New York on
Answered on Mar 29, 2017

File a petition in Probate court.
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Q: I called the college at Brockport 2 months ago and asked them if my fiancé could be exempt from having to live on campus

1 Answer | Asked in Consumer Law, Contracts and Education Law for New York on
Answered on Mar 29, 2017

Do you have anything in writing from them saying that they would allow it?
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Q: I received a ticket for not signaling off highway which I did. The ticket Saids my car is tan when my car is gray

1 Answer | Asked in Traffic Tickets for New York on
Answered on Mar 27, 2017

You're in some deep Doo Doo.
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Q: Can senior homecare company in NY hire independent contractors to work in client homes? Isn't this illegal in NY?

2 Answers | Asked in Employment Law for New York on
Answered on Mar 27, 2017

NY has enacted something called the Domestic Workers’ Bill of Rights, among other provisions, this law gives domestic workers:

The right to overtime pay at time-and-a-half after 40 hours of work in a week, or 44 hours for workers who live in their employer’s home;

A day of rest (24 hours) every seven days, or overtime pay if they agree to work on that day;

Three paid days of rest each year after one year of work for the same employer; and

Protection under New...
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Q: If your company registered as a LLC can you receive a local grant using another organizations 501c3 for fiscal sponsor?

1 Answer | Asked in Business Law for New York on
Answered on Mar 27, 2017

No. That rings of tax fraud.
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Q: if a company has a legal trademark name , am i aloud to include this name as a word in the description of my product ?

1 Answer | Asked in Trademark for New York on
Answered on Mar 27, 2017

Not if it would be confusing to the consumer and make them think that you were claiming ownership of their trademark or that you were the source of their goods. I'd need to know the actual names and proposed names to give you clearer advice on this, if you want to email me privately please do so that way whatever we discuss will be confidential and subject to the attorney-client privilege.
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Q: can I break a residency md contract that will start in July 2017?

2 Answers | Asked in Contracts and Employment Law for New York on
Answered on Mar 27, 2017

To add to the other lawyer's response, the measure of damages will be the time it takes them to find a replacement to fill your contract, presumably that will not be extensive. Now, in any event, your contract of employment for the residency will govern and some of it may be enforceable, some of it may not be. It may be best to first speak with them about your intentions and see if they will allow you to exit the contract without consequence. It is also a good idea to have an attorney...
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Q: What would be the best legal entity for a home based organizing company with one owner, no employees, and subcontractor

2 Answers | Asked in Business Law for New York on
Answered on Mar 27, 2017

An LLC provides the most flexibility and unless you do something like commingle personal and business assets and helps you not be personally liable in the event something goes wrong with a customer. As to where to create your business, Delaware is usually a good option especially if you're not planning on having a fixed location. If you're going to have a fixed location just incorporate in the state where you do business. These are general rules, every business and business owner is...
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Q: granted for answer

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Appeals / Appellate Law for New York on
Answered on Mar 24, 2017

This might be an issue of "forum shopping" which court's look down on.
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Q: How can I place a lien against someone who owes money from a small claims judgment?

3 Answers | Asked in Civil Litigation and Collections for New York on
Answered on Mar 21, 2017

Send Executions with Notice(s) to Garnishee's to the banks and the debtor, once that's done in NYC you can use a City Marshall outside of NYC you should contact the Sherriff's office.
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Q: does the eighth Amendment apply to traffic tickets. i have gotten two driving without a license i cannot pay the fines

3 Answers | Asked in Civil Litigation and Traffic Tickets for New York on
Answered on Mar 21, 2017

it does apply to U.S. Citizens and all courts in the United States, however I do not believe that it has been challenged in the Supreme Court for traffic tickets. My advice to you is to save up and pay the fines.
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Q: Is there a statue of limitations on un paid unincorporated taxes from 2008

1 Answer | Asked in Tax Law and Business Law for New York on
Answered on Mar 20, 2017

NYS has a 3 years statute of limitations after a return is FILED to assess additional taxes, this said however there is no statute of limitations for failure to file, failure to correct a state return due to changes on a federal return, or for filing a false or fraudulent return with intent to evade taxes For more information see: http://www.tax.state.ny.us/pdf/publi...pub131_407.pdf
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Q: Inheritance Claims, is it normal for a fee to be imposed before any service has been rendered

2 Answers | Asked in Estate Planning for New York on
Answered on Mar 20, 2017
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Q: I want to appeal a rating from the dept of Education, is that done through notice of petition or an order to show cause?

2 Answers | Asked in Appeals / Appellate Law and Education Law for New York on
Answered on Mar 20, 2017

Probably a petition would suffice, starting an action via Order to Show Cause may require you to show a good reason that you are filing that way and a judge, ALJ, or arbiter can decline to sign the Order to Show Cause for a variety of reasons, for a good primer on an Order to Show Cause versus a motion see: https://www.nycourts.gov/courts/nyc/housing/osc.shtml Disregard anything superfluous or not applicable to your situation in that article.
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