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0 Answers | Asked in Divorce for New York on
Q: How to tell if a divorce is finalized ?

My ex sent me a judgement of divorce last month by mail to PO Box, since he wasn’t allowed my physical address, signed by the Supreme Court judge that was assigned the case along with a letter stating the divorce was finalized. Well last week I received another judgement of divorce from my ex but... Read more »

1 Answer | Asked in Estate Planning for New York on
Q: My Dad passed away 30+ years ago, my brother is the executor of the estate and never fullfilled his obligation

Of dispensing the funds. The funds are in unclaimed funds and the monies are dwindling away. After numerous conversations and promises, he refuses to disperse the funds. I have filed a claim myself and provided them with the necessary proof, but they have advised me that as long as the executor is... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 17, 2022

In NY, If all you need is a death certificate, you should be able to get one from the Dept of Health. If you wish to be appointed as the new Administrator of the estate, you will have to petition the court, describing the situation.

0 Answers | Asked in Immigration Law for New York on
Q: Can someone transfer H1B without paystubs? What determines to jeopardize H1-B if they report it to the immigration?

They have started to work for my sponsor (company A) in the last couple of months of my OPT, December 2019. Their OPT was valid until July 2020. The sponsor applied to H1-B as a marketing analyst, which they didn't find out until right before the visa interview in Jan 2022. H1-b was approved... Read more »

0 Answers | Asked in Domestic Violence for New York on
Q: A person applies pressure to the neck area and leaves the victim with redness marks but did not loose consciousness

Is that Strangulation or Criminal Obstruction of Breathing?

2 Answers | Asked in Immigration Law for New York on
Q: My wife and I did not live together for 5 months for work reasons. Would this affect the marital union timeline? 3 yrs

I am a US Citizen. My wife is on a temporary green card holder. My wife completed school recently. I worked in another state during this time, 5 months. Her and I would like to apply for her citizenship after 3 years, however it sounds like we needed to live together for 3 years. Would this... Read more »

Samuil Buschkin
Samuil Buschkin answered on Jan 16, 2022

The rule is "spouse must have been living in marital union with his or her citizen spouse for at least 3 years at the time of the examination on the application, and not at the time of filing". The exact nature of what it means is determined based on the exact circumstances. I suggest you... Read more »

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0 Answers | Asked in Landlord - Tenant for New York on
Q: I live in NY state Albany area. I am evicting my tenants to move back in to my home.

The tenants have applied for the ERAP program. Because I am moving in I can still go through with the eviction but have to wait for either an approval or denial from ERAP!! It’s been 4 months since they applied for the Erap and it looks like it’s going to be several more months before a... Read more »

0 Answers | Asked in Probate for New York on
Q: My husband passed away without a will. I am applying for appointment of Guardian of my minor children of property.

I moved the stocks to my personal accounts. Do I need to move the stock back to estate accout with their entitled shares? I sold some of my stocks in another account. Do I need to buy back their entitled shares to put back to respective estate account? Or can I add the money equivalents to the bank... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Discrimination and Legal Malpractice for New York on
Q: Do I have a case for false arrest & maliceous Prosecution?I was accused of commiting a crime and it got dimissed on 3030

I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... Read more »

Roy Warner
Roy Warner answered on Jan 15, 2022

Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.

0 Answers | Asked in Tax Law for New York on
Q: Does working for a US company as a US citizen but being on foreign land for 330 days count as foreign earned income?

2nd question: What if you stay out of the US for 330 days but don't become a tax resident in another country? Who would you pay taxes to?

0 Answers | Asked in Tax Law for New York on
Q: Does working for a US company as a US citizen but being on foreign land for 330 days count as foreign earned income?

2nd question: What if you stay out of the US for 330 days but don't become a tax resident in another country?

0 Answers | Asked in Construction Law, Employment Law and Workers' Compensation for New York on
Q: If my construction company is registered in ny but only works out of state. Do I need ny coverage

Only worked out of state. Never in ny not even loading the vehicles. One worker would get picked up at home in ny and driven out of state to pa to do work. Would I still need to Carry workers compensation for ny

0 Answers | Asked in Civil Litigation, Civil Rights, Federal Crimes and Identity Theft for New York on
Q: How can I sue USPS for dereliction of duty and internal corruption?

I have been using the Informed Delivery service for several years, until one day there was a problem with my account, and now USPS has refused to restore my Informed Delivery service without any reason, so that my mail are stolen every day, and I am sure that the loss of mail has something to do... Read more »

0 Answers | Asked in Tax Law for New York on
Q: Can the town law depart put a hold on open permit application ? He wants to enter my home, used the deck as an excuse

I have an open permit received a summons told me it was for a deck. I went to court they denied my payment or application they want to come in my house. My ex-husband cousins reported me to the town

1 Answer | Asked in Criminal Law for New York on
Q: If convicted of a misdemeanor in NYS in 2016, when would the conviction no longer appear in criminal background check?

Convicted of misdemeanor (NYS PL 260.10.01). Certificate of Disposition May, 2016. Have not been in trouble since.

Michael Arbeit
Michael Arbeit answered on Jan 14, 2022

Unfortunately, this misdemeanor conviction will appear on any background check. You may be eligible to have this conviction sealed pursuant to CPL Section 160.59 10 years after the sentence date (provided you qualify).

0 Answers | Asked in Criminal Law and Identity Theft for New York on
Q: My phone was hacked and my phone company transferred my line to someone else without my knowledge. took out my savings.

Citibank did not stop 5 wires and 5 Zelle tranfers to my account. All my savings were gone. the phone company, citibank, optinum did not protect my privacy and asset, What is my legal right

1 Answer | Asked in Landlord - Tenant for New York on
Q: I need free legal advice as a renter who had to move due to moms disability who lived with me and I am still paying rent
Walter Sage Jennings
Walter Sage Jennings answered on Jan 14, 2022

if you have a lease you may have to negotiate with the landlord to end it early depending on the terms of the lease you may be able to sublet the balance of your term it is difficult to give you an answer without having more information

2 Answers | Asked in Landlord - Tenant for New York on
Q: I need free legal advice as a renter who had to move due to moms disability who lived with me and I am still paying rent
Walter Sage Jennings
Walter Sage Jennings answered on Jan 14, 2022

if you have a lease you may have to negotiate with the landlord to end it early depending on the terms of the lease you may be able to sublet the balance of your term it is difficult to give you an answer without having more information

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0 Answers | Asked in Family Law for New York on
Q: Attempted to serve husband with court papers for paternity, had a baby with current boyfriend. Paternity test possible?

Tried to have a process server serve current husband with court papers for paternity.. I had a baby with my boyfriend. Is it possible to get a paternity test done without my husband being involved? I attempted to serve him with court papers.

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