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answered on May 8, 2017
Aubrey here, and even though I'm young; I am also good... especially in this area.
Now, Listen to me carefully ... unfortunately, what you got is very serious ( probably is -- a TRO )... the ' victim' can make a sworn affirmation saying she needs u and so does the... View More 
From the time the cop issues you a ticket and the time it is recorded in the court which can be in excess of 30-45-60 days after the infraction can this violate the time limit the cop has to issue a traffic ticket by state law ??? If it's not recorded with the court then technically it's... View More
answered on May 8, 2017
I think you are in the clear is ad days just sounds right in my experience.
There is an associate of our firm that only handles these cases;he will be happy to provide you with the hook-up
Shoot me an email or replay to this (or web at AG3LAW.COM)
… Our points going to... View More
My girlfriend's step-brother was dating a woman with a daughter who is now 14. The mother passed away so the daughter now lives with her father. She wants to live with us because she feels better being here. Her home life is not the best because her father is an alcoholic who is verbally and... View More
answered on May 8, 2017
The answer is a YES; unless you receive something called a petition in the mail ( certified mail return receipt requested & someone has to personally attest to serve… I would recommend "nail anx mail (we can discuss that) --- Anyway, off the top of my overworked head ...... View More
I just recently within the last week had a second appearance for a trial in family court (NY state). My spouse was allowed to give her testimony on the stand and it was adjourned for lunch. We returned and my spouse continued her testimony. There was another adjournment and was told I would be... View More
answered on May 8, 2017
You absolutely had a constitutional, statutory as a right to speak up in your own defense; you said you "could not?" That's in important question so I will appreciate if u hit me back up.
Also... Just out of curiosity did the trail take place in Yonkers? Hal Greenwald?... View More
I am the one making money from my business but am too young to have my own bank account so it goes to my mom's bank account. Is it legal if my dad threatens to take the money even though it's not in his name?
answered on Apr 24, 2017
If you are a minor, meaning under the age of 18, and are not emancipated legally then whoever is the co-owner of the account is May withdraw money.
So if you set up the account with your mom then he cannot withdraw money.
If the account was set up with him being in the co-owner he... View More
We do not wish to pursue full physical custody. Her grandmother had custody but cps took her away so we filed for custody but now theres alot going on in court and our wishes are not being met. We do not want to pursue custody anymore but, we are concerned about what will happen with the child when... View More
answered on Apr 24, 2017
There are many more details necessary in order to answer this question correctly. But here are a few things that I do know… If the courts have found the child's grandparents and parents unable to care for the child, and you do not wish to you then there are only a few things that can... View More
I had pulled into a mall during operating hours to make a phone call since I was on a road trip and wanted to do so safely. So I park at a mall. In an empty lot, away from all the other cars. So I'm on the phone maybe fifteen minutes when a mall security officer starts walking across the lot... View More
answered on Apr 23, 2017
The only thing I can see from the above fact pattern is that, perhaps, you were trespassing… Although after just 15 minutes I would think of you as "an invitee" as opposed to a "trespasser."
Regardless, if either of the store or, in the unlikely event the town police... View More
My spouse and I are going through a divorce proceeding in New York state. We signed the stipulation agreement last summer and the papers were filed with the court shortly thereafter (it is still pending at the court). Should we be filing taxes as (i) single / legally separated, or (ii) married but... View More
answered on Apr 20, 2017
Well, considering it is April 20, if you have not already you must immediately file for an automatic extension of time (form is "IT-370")... is this form automatically extends your time to file until August 15, 2017. By then, hopefully, the divorce will be finalized, in which case you... View More
My case is closed and paid all my dues a long time ago.
answered on Apr 20, 2017
No you cannot… Based on the above Fax alone, you may travel as you please so long as you possess a United States passport.
Furthermore, if your 2007 DWI was aggravated, a repeat offense or for any other reason a felony as opposed to a misdemeanor, now that it is been 10 years you may... View More
My insurance lapsed and I have to either pay a penalty or surrender my plates. Then I got hit head on by a drunk driver and my car is totaled. I am happy to surrender my plates and keep the totaled car on my insurance for the required length of time rather than pay money. I will have the car... View More
answered on Apr 20, 2017
Yes.
You may also be entitled to monetary damages if you were injured. If that is the case contact an attorney.
Aubrey C. Galloway III, Esq.
Managing Partner
Law Offices of Aubrey C. Galloway III, Esq,. P.C.
2 Overhill Rd -400, Scarsdale NY, 10583
914-912-1555
AG3LAW.COM
I believe that it is a Toxic Chemical keeping my Physically Disabled and when I try to prove this, the proof is gone, like in my own Medical Records, I looked for a clue. I found that the diseases I have can come from a Toxic, but this has never been said. its like they told me, but at the same... View More
answered on Apr 20, 2017
This case seems like a difficult case to prove causation in, however, the first step to anything in this, is to send all of your healthcare providers duly executed HYPPA AZs requesting copy of ALL MEDICAL RECORDS FROM ALL DATES. They will then send you an invoice and once you pay it, and it is... View More
was left for me by my mother upon her passing who passed away on 9/16. I can not afford an attorney,trying to
obtain probono from the appropriate associations without any success. Can you assist me in finding a probono
attorney or can I bring these people to court on my own with... View More
answered on Apr 20, 2017
This depends on what county you live in. You will likely not be appointed and 18 B attorney by the court, as this is a relatively simple thing for us to do, and in general requires only about an hour of work ( our firm bills $120 an hour on this sort of case).
You must also make note that... View More
answered on Apr 20, 2017
This depends on entirely on what you invented. If you invented something physical, like a new toy or video game, a formal copyright with the Library will HELP, but pending further details, will not entirely suffice. In such an event, you should apply for a US patent on the invention. Many law... View More
My sons father has seen my son 3 times because i have begged him too and my son is almost 2 yr old he has never given me money and i have given him many opportunity to change 2 weeks ago i asked him to be there for his son and his response was i have no love for your son is there anyway i can file... View More
answered on Apr 20, 2017
I would recommend filing something called a "support petition" in family court... these are straightforward, and depending on how many court appearances it takes to settle the matter, and which point you would concede visitation in exchange for the child support, it can generally be... View More
My father's only asset was his home. He had no will. I have been told that a full administration proceeding is not necessary, that real property vests in the Decedent's distributees at the time of death which makes the distributees the owners of the property. There are 3 children... View More
answered on Apr 20, 2017
New York State law has guidelines for who (or a number of "whos-ha") gets a deceased person's assets, One said person died intestate… Meaning without a will.
From my understanding the assets will first go to the person's spouse of still alive, then his/her... View More
moved to VA without notifying me. Can I petition to have jurisdiction of support changed to VA? if so how?
answered on Apr 14, 2017
Call the family court in New York that ruled that you pay Child support in the first place and ask Clerk what to do; even if they do not tell you the answer, which they likely will not for the reason I state in the next sentence, you should ask them how to obtain a written copy of the order of... View More
the auditory trainer if my daughter goes to private school outside of public school district where I live. The public school which renewed the 504 plan in June said they are not responsible.
answered on Apr 14, 2017
I believe that is true. Why would the public school still be responsible? From my understanding if you pay tuition for her to go to private school you must also pay for the auditory trainer
answered on Apr 14, 2017
Yes you must file a summary holdover proceeding if the tenant has stayed beyond their lease, or a summary nonpayment petition if the tenant has not paid rent. Otherwise you cannot do anything until the current lease expires, at which point you should not renew lease and then the tenant will... View More
Charged but not convicted for DUI in Florida. Will i be able to drive in NY/NJ since no conviction and charges and trial are pending.
If not, what are the reactions? Can you get just a ticket or instant arrest and processing for Aggravated unlicensed in NY/NJ
answered on Apr 14, 2017
Technically New York should recognize the Florida ruling, however, there's a strong possibility that any officer pulling you over would not know about said charges against you in Florida… Especially as you have not been proven guilty beyond a reasonable doubt as of yet. That said, I would... View More
Recently I was informed that the court "forgot" to assign me a lawyer and a stand in was asked to stand by me during that days court procedings. Months later at my next court date when I challenged the violation of my constitutional right the courts stated that the stand in was my... View More
answered on Apr 14, 2017
It sounds like you were assigned an 18-B lawyer and did not know it. Unfortunately the burden on you to reach out to the Court or said 18-B attorney prior to the next court date.
Aubrey C. Galloway III, Esq.
914-912-1555
AG3LAW.com
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