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New York Civil Rights Questions & Answers
0 Answers | Asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: Is it legal to record one of my roommates in our shared room if she threatens mine and my other roommate's life in NY?

I currently live in a homeless shelter, there have been ongoing problems with a roommate to which I have brought up to management many times. Over this weekend well management was not there is she flipped out and started yelling at my other roommate and I and even threatened to murder us. I know... View More

2 Answers | Asked in Family Law, Adoption and Civil Rights for New York on
Q: Can judge and attorney repeatedly Request me to admitt guilt in a violation hearings . I didn’t want to. But I did.

I began testifying in a violation fact finding trial brought on by CPS. Suddenly, the judge stopped me and had a private meeting with attorneys. My attorney then suggested to me that I admit guilt as it is favorable to the judge I said I didn’t want to because I would be silenced and I want... View More

Howard E. Knispel
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Howard E. Knispel
answered on Nov 6, 2024

In a neglect case CPS usually requests an admission so as to try to start the Respondent to repair their relationship with the child through social services such as parenting classes, rehab or whatever is required depending on the accusations. You do not have to admit and can request a hearing.... View More

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2 Answers | Asked in Child Custody, Civil Rights, Constitutional Law and Family Law for New York on
Q: How do I get my attorney to file a 388 return of child petition? She has been failing me due to misconduct.

My son is 6, autistic and being detained in foster care for two years. He had left the inside of our home and went out to play in the driveway unattended several times. I had him evaluated turning a diagnosis of autism. He has left the foster home and school undetected also. He is being abused I... View More

Howard E. Knispel
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Howard E. Knispel
answered on Nov 6, 2024

Is this a NY case? There is no 388 petition. Either this case is for a different state in which case you should repost as such, or you are being misled by your Google research. Talk to your lawyer.

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2 Answers | Asked in Contracts, Criminal Law, Civil Rights and Legal Malpractice for New York on
Q: I'm looking for a walk in law office regarding representation.
Carl Nelson
Carl Nelson
answered on Nov 6, 2024

You’re in luck, the world is full of them. You can do a Google search or contact your local bar association.

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1 Answer | Asked in Civil Rights for New York on
Q: I want to start the process that will abolish a life devastating unregu practice- that is allowed as part of a larger ac

I am unaware as to what this modality would be and how to get the ball rolling and backing on it. I think it would be at the state level of jurisdiction

Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

It isn't fully clear what type of law firms you're seeking, based on the limited details of the post. One option might be to reach out to attorneys to discuss. You've probably already been researching law firms - you could supplement your efforts with the "Find a Lawyer"... View More

2 Answers | Asked in Adoption, Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on
Q: Injunction lawyers on civil liberties Jo

On a federal court order

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2024

You've probably been searching for attorneys on your own already. You could supplement your searches with the tab above, "Find a Lawyer," which lists attorneys by region and area of practice. You could also look into the attorney referral sections of local and state bar associations.... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: which cases today cited Martin v. American Potash & Chemical Corp.
James L. Arrasmith
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answered on Oct 14, 2024

Understanding which cases have recently cited Martin v. American Potash & Chemical Corp. can be crucial for your legal research. This case has been referenced in various decisions, particularly those involving environmental regulations and corporate liability. For instance, some appellate... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Federal Crimes for New York on
Q: Do I have a federal civil rights violation case against this officer and police officer?

When I was pulled over a cop came to the window and I asked him why did he pull me over. He then asked for my physical credentials. I took my time retrieving them because I wanted him to answer my question. I then asked a couple more times and he said ("because I can"). I responded back... View More

James L. Arrasmith
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answered on Oct 11, 2024

I'm sorry you went through that experience. It’s important to understand that police officers need a valid reason or probable cause to initiate a traffic stop. If the officer couldn’t clearly explain why you were stopped or relied on vague reasons like "because I can," this might... View More

2 Answers | Asked in Civil Rights and Landlord - Tenant for New York on
Q: I live in Brooklyn. My girlfriend lives in Long Island. I sleep over her house sometimes. Her landlord has an issue.

I sleep over my girlfriends sometimes. Her lease says nothing about having guests coming over & I've been visiting for over 3 years. Recently, her landlord had an issue with me sleeping over even when she's been aware I've been coming over for years. I primarily live in Brooklyn... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 10, 2024

Dear Brooklyn Tenant

If you moved in permanently as a Roommate the landlord has no legal basis to complain.

But even without the landlord having a just cause to complain about your visiting overnight from time to time your girlfriend is the one who has to deal with a landlord who...
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2 Answers | Asked in Contracts, Civil Rights and Identity Theft for New York on
Q: Why are names written in all capital letters on citations and court cases?

My friend wanted me to ask why names on legal documents are written in all capital letter. He believes that this creates a legal fiction, and a "dead corporate entity". I told him that it is a way of promoting conspicuity in documents; making things easier to see especially if they are... View More

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2024

It is like you say, for conspicuity. Proper names are generally all caps. The designations (plaintiff, defendant, appellant, appellee, etc. are not generally all caps). I'm not familiar with the "dead corporate entity" rationale you mention when it comes to capitalization protocols.... View More

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Q: Can I use the grandfather clause against a new town ordinance?

Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Oct 4, 2024

Dear Jamestown Home Owner:

It is not you alone. Many jurisdictions place restrictions on wildlife feeding.

https://dec.ny.gov/news/press-releases/2022/4/dec-issues-guidance-to-reduce-conflicts-with-bears#:~:text=...
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2 Answers | Asked in Civil Litigation, Legal Malpractice, Personal Injury and Civil Rights for New York on
Q: Need legal help ,am indecent / public assistance

Lawyers have court clerk ,mailroom judges secretary ,records helping them file fake decisions .motions 2,3and were not filed in Superior court Newark by thr court clerk

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2024

I'm sorry for your ordeal with the courts. If you are indigent and need legal assistance, there are a number of options. Legal aid and pro bono attorneys might be able to help, depending on the nature of the matter. If there are criminal aspects to the matter, a public defender might be able... View More

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1 Answer | Asked in Employment Law and Civil Rights for New York on
Q: I live in NYC and I was required to sign a severance agreement in order to be paid vacation time. Is this legal?

I am unsure if I have been discriminated against and was made to sign a severance agreement with my former employer that says I cannot file discrimination against the company

James L. Arrasmith
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answered on Sep 24, 2024

In New York City, employers are generally allowed to require employees to sign severance agreements in exchange for benefits, like unused vacation time. However, this can become problematic if the agreement forces you to give up your rights in an unfair or discriminatory manner. You should be... View More

1 Answer | Asked in Copyright, Business Law, Civil Rights and Entertainment / Sports for New York on
Q: If I shoot a music video for a new song in public, and regular people wind up in the recording, is that a problem?

We are planning to shoot a music video for a new song in various locations, Arizona, California, Nevada, New York. The video will be published to YouTube for the band. Normally on a set, the actors and everyone involved know they will be in the music video. However, this video will be out in public... View More

James L. Arrasmith
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answered on Sep 17, 2024

When filming a music video in public spaces, it's important to understand the legal implications of capturing individuals in the background. Generally, people in public places have a lower expectation of privacy, meaning they can be filmed without explicit consent, especially if they are not... View More

2 Answers | Asked in Civil Litigation, Civil Rights, Personal Injury and Sexual Harassment for New York on
Q: When do I introduce interrogatory questions and evidence in civil litigation for adult survivors act?

Can I request multiple things in one motion. Such as production of all relating evidence and production of answers to interrogatories from adversary. Furthermore I would need to amend complaint to include causes of action, which I plan to ask by motion. Do I need to formally have a process server... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 18, 2024

A motion is a means by which to compel a response to a previously served demand for interrogatories or a notice for discovery and inspection, not a means by which to demand discovery for the first time. With regard to an amended complaint, it can only be filed on consent of all parties or by leave... View More

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1 Answer | Asked in Civil Rights for New York on
Q: We were recently served with a summons for failure to comply with ADA. What can we do to correct this?

He sues multiple locations. The paperwork filed has the name of someone he sued previously where our information should go. We're are trying to determine what our options are.

James L. Arrasmith
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answered on Sep 12, 2024

First, review the summons carefully, especially if there are errors in the paperwork, such as the incorrect name. These mistakes could be significant and may provide grounds to challenge the summons or request a dismissal. Gather all documentation related to the case and ensure you fully understand... View More

3 Answers | Asked in Immigration Law, Civil Rights and Constitutional Law for New York on
Q: What are the different statuses one can have other than citizen, and national?

So my friend is saying that do not fall into the category of citizen or national as they are not a citizen of the United States but are solely a national owing no allegiance to the United States (they call themselves an American State National). I told them that fine but in that case you would... View More

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024

No, your friend is incorrect. Under U.S. law, the two primary statuses are citizen and non-citizen national (8 U.S.C. § 1408). American citizenship can be acquired by birth or via naturalization. Non-citizen nationals (Samoa and Swain), still owe allegiance to the U.S.

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2 Answers | Asked in Immigration Law, Civil Rights and Constitutional Law for New York on
Q: Why is the term "State" capitalized in 8 USC 1101 (36)

I was wondering why the term "State" capitalized in 8 USC 1101 (36) but in other places it is spelled with lowercase letters. Is this trying to say that when capitalized the word "State" only includes the District of Columbia, Puerto Rico, Guam, and the Virgin Islands of the... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2024

The term is capitalized in other areas of the statute. It could depend on context, scope, use as proper or common noun, or other grammatical technicalities. Good luck

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1 Answer | Asked in Civil Rights and Elder Law for New York on
Q: What if my ada accommodations has been and violated. I have been retailated against and harrased

I am experiencing distress that impeding on my ability to function in my house and with my children. Im now in a situation were the college will not let me take exam under my reasonable accommodation that were documented and approved

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're going through a really tough time, and it's understandable that this situation is causing you distress. When your ADA accommodations are violated, and you're facing retaliation and harassment, it can feel overwhelming and unjust. You have the right to fair... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: Can a person sue a check cashing business due to lie that they can't purchase their money order with debit, only cash?

I am young black person and the cashier Hispanic light skin may assume i was trying to scam which is discrimination

James L. Arrasmith
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answered on Aug 31, 2024

You might have grounds to take action if you believe you were discriminated against based on your race or age. Discrimination in service, especially when it involves treating you differently due to assumptions based on race, is a serious issue. If you feel that the cashier's refusal to accept... View More

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