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Questions Answered by Charles Oliver Wolff
1 Answer | Asked in Divorce for New York on
Q: Using eTrack to check status of uncontested divorce the case detail shows NOI filed w/o date. What does this mean?

The case status of my uncontested divorce is active. There is a date for the RJI filed and a date in the future for date NOI is due when looking at the Web Civil Service Case Detail. I submitted the NOI. Is there something else I need to do since there is no date for the section NOI filed? Or does... Read more »

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

It should have been dated by the clerk upon reception. Do you have a time-stamped copy? If not, why not? Contact the county clerk's office and ask for clarification.

1 Answer | Asked in Landlord - Tenant for New York on
Q: What will consequence if lease don't renewal?

My lease expired July 28,2019 and haven't renewal lease. It already passed 15 days notice from last month. I contacted landlord's agent and the office. They did not answered back. What can I do?

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

It depends. Does your old lease have a termination clause? Does it state the your tenancy reverts to a periodic term, such as month to month? If your landlord continues to accept rent from you, the general rule is that it is considered a month-to month, but your do lose the protection that a lease... Read more »

1 Answer | Asked in Copyright and Intellectual Property for New York on
Q: Copyright laws in NY- replicating photos in paintings

I would like to start giving art classes to amateur students. This would involve them producing a painting, using a picture as a guide. What are the legal parameters surrounding the pictures I can provide, from which they will copy? Is it a problem to have them print pictures from the internet or... Read more »

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

For personal use, not an issue, but if they are displayed publicly, like in a product label, periodical or on a website, there are potential problems, especially if the photo contains the likeness of a person without their permission. It gets tricky. Why not take some phots yourself. thereby giving... Read more »

1 Answer | Asked in Insurance Defense and Traffic Tickets for New York on
Q: Insurance lapse for 1mo. Cited for operating w/o insurance, unreg vehicle, operate while reg susp and unlicensed

My registration was up to date and my license was valid, but my insurance lapse messed with them all and gave me four tickets, why?

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

When your insurance terminates (or lapses) the DMV automatically suspends/cancels your registration and plates, but not your driver's license. Reinstate your insurance (expect the rate to go up), renew your registration, get new plates, and take proof of all of that to court when you appear. You... Read more »

1 Answer | Asked in Contracts for New York on
Q: I got auto-charged a renewal to an annual subscription for a website theme with no 30-day warning.

They are refusing to refund me despite my site being no longer active because I agreed to their terms and conditions upon signing up. However, they failed to warn me about the renewal. Are they legally obligated to refund me.

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

Although almost all subscription services warn subscribers of upcoming auto-renewals as a courtesy to ensure the money is available, they are not required to do so, unfortunately. I am assuming that you elected for automatic renewal, or at least agreed to it, when you first signed up. You should... Read more »

1 Answer | Asked in Employment Law and Appeals / Appellate Law for New York on
Q: I'm a pro se litigant and need to write a reply brief in the US Court of Appeals for the 2nd Circuit. Any examples?

I would just like to see what a typical brief looks like (table of contents wise) so I know how to organize my argument. Thank you.

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

Search at scholar.google.com. You'll get plenty of examples!

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New York on
Q: How can i file contempt on my ex husband for not letting me see my son while im in another state

my son is 8 i had him most his life his dad was big on drugs etc i thought he had cleaned up his act but he hasnt i am not sure what to do he is barely letting me see him or talk to him and my son says he hits him... im worried scared and im in NY due to some stuff ill be moving here and want my... Read more »

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

You file a petition in family court in the county where your son resides (Cattaraugas County). But which petition? If there was no court ordered custody arrangement, you file a petition for custody/visitation. If there was a court order (or it's contained in a divorce decree) you file a petition... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: If a sex offender in nys already lives across from a school will he be required to move with probation

I'm his wife and we have kids. We can't afford to move so I was wondering what will happen

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

The Sex Offender Registration Act (SORA), by itself, does not regulate where a registered offender can live. But probation or parole can, and often does, require that a registered sex offender not reside within 1,000 feet of a school or other child care facility. This is a matter that is usually... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Is it necessary to seeking legal assistance to review a lease before sign it?
Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

Not necessary if you can understand the language, but a good idea if there's anything in there that is worded so as to make it difficult to understand. Having a lease reviewed should not cost too much and can save you a lot of grief.

1 Answer | Asked in Landlord - Tenant for New York on
Q: I have tenants that have been late with their rent month after month. Their lease was up this month and I want them out.

Thier lease is up and they say they haven't found a new place yet. What do I do to remove them?

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

This depends on what is stated in the lease. Sometimes, leases provide for these situations, so without seeing yours, this is not an easy question to answer. Generally, if a lease has expired, and there is no provision therein for an automatic renewal or change in tenancy status (such as reverting... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: Was charged firs time for shop lifting 12 years ago would it prevent me from applying for a green card
Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

You are not applying for citizenship; a green card only grants permanent residency. While theft is considered a "crime of moral turpitude", which usually is a deal breaker, there are exceptions and other points to reveal to INS that can mitigate the situation and help you get that green card. But... Read more »

1 Answer | Asked in Probate for California on
Q: My friend left his home when he passed month ago the person whom he left it too also died 4 days ago

If the property never changed legal ownership does the person who died and was willed the houses family have claim to the property

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

I cannot advise you as I am not licensed to practice in your state, but I can point you in the right direction for "nutshell" information: https://www.nolo.com/legal-encyclopedia/intestate-succession-california.html

2 Answers | Asked in Immigration Law for New York on
Q: Charged with shop lifting 12 years ago would it prevent me from applying for a green card
Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

You are not applying for citizenship; a green card only grants permanent residency. While theft is considered a "crime of moral turpitude", which usually is a deal breaker, there are exceptions and other points to reveal to INS that can mitigate the situation and help you get that green card. But... Read more »

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2 Answers | Asked in Animal / Dog Law for New York on
Q: I let a friend hold my dog I want her back but he refuses to give her back to me he got a microchip without my consent

I let him hold my dog while I was having family issues now he refuses to let me see her or get her, I have a notarized letter from the person I bought the dog from is it worth going to court to get her back? Or would I be wasting my time , I have a order protection against the friend due to a fight... Read more »

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

Although we consider them family members, New York law considers them property, so your friend has stolen property from you and that is a criminal offense. Try calling the police. If I were still living in the City I'd walk over to my local precinct and do it there where you are sure to receive... Read more »

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2 Answers | Asked in Divorce for New York on
Q: Two post divorce questions on housing and child support from a recently divorced dad

1. I divorced two years ago from my wife. We still co-own our home in Nassau County, NY but I have exclusive occupancy of the property. While we continue to split the mortgage I live in the home with my two children, for whom she has shared custody. I pay for all maintenance and repairs of the... Read more »

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

I agree with Lawrence Allen Weinreich's answer, and would add that a petition for modification of child support or custody due to change of circumstances can be filed at any time by either party if there are good grounds. Family Court will decide the outcome, but it will depend upon the outcome of... Read more »

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2 Answers | Asked in Animal / Dog Law for New York on
Q: can Someone claim a dog after a year even though no microchip and new owners have chipped registration and vet bills?

While walking dog which daughter had found over a year and vet checked for microchip twice

A women screamed you stole my dog!

Police came and pulled leash from daughters boyfriend and beloved dog gone. Do they have right to get dog back

Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

In New York State, pets are considered property, even though we might consider them family members. There is no such thing as "finders keepers, losers weepers" under property law. If they can provide proof of ownership it's their dog and they have a right to reclaim it. How they are going to prove... Read more »

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2 Answers | Asked in Criminal Law for New York on
Q: Good morning I was charged with 3rd degree aggravated assault charge and no criminal records ever what can happen
Charles Oliver Wolff
Charles Oliver Wolff answered on Jul 22, 2019

I agree, it's important to know where you are going to appear, and in which court (county, city, town, or village court). It will also depend upon the exact nature of the offense, what exactly took place. I've had cases like this reduced to disorderly conduct, or dismissed, but it really does... Read more »

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1 Answer | Asked in Criminal Law for New York on
Q: Can I still get bail money back, even if I lost the receipt for it?

My son got arrested and I came up with the bail. Now the bail money is ready, but I lost the bail receipt. What can I do?

Charles Oliver Wolff
Charles Oliver Wolff answered on Sep 19, 2012

Have your son's attorney draft an affidavit stating that your son was arrested, listing the date and charge against him, that he was incarcerated and you posted his bail, noting the date it was posted and the amount, and that he has been sentenced and you wish the bail returned. Sign & notarize,... Read more »

2 Answers | Asked in DUI / DWI for New York on
Q: What proof is there that I completed the Drinking Driver Program and who receives it?
Charles Oliver Wolff
Charles Oliver Wolff answered on Sep 19, 2012

Although the previous answer is mostly correct, in some jurisdictions you will be given a "green slip" certificate of completion which you can take to your local DMV office and have your license immediately reinstated.

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