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New York Gov & Administrative Law Questions & Answers
1 Answer | Asked in Criminal Law, DUI / DWI and Gov & Administrative Law for New York on
Q: Can probation hold my license hostage even tho I had a probation revoked, finishing my time in jail

Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More

Michael S Pollok
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answered on Nov 16, 2024

Your lawyer should write a letter to the judge and ask him/her to order probation to return your license. You may also be able to clear your license with the DMV and simply get a new license from them if your statutory revocation period has ended and you are no longer on probation supervision.

2 Answers | Asked in Tax Law, Constitutional Law and Gov & Administrative Law for New York on
Q: Could the President get rid of income tax

My friend is using the claim that because the president is experimenting with the idea of removing the income tax that the IRC that established it is not considered positive law. They mentioned something about it being done as an executive order but I don’t really understand that. What I imagine... View More

Tim Akpinar
Tim Akpinar
answered on Nov 17, 2024

A president could propose such measures, but legislation to do so is outside the executive branch's authority. That's something that would traditionally go through Congress. There is discussion of using other measures to replace revenue from income taxes - that might be what your friend... View More

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1 Answer | Asked in Contracts, Tax Law, Traffic Tickets and Gov & Administrative Law for New York on
Q: Because the DMV has a UEI number does this make it a corporation?

My friend was wondering if because the DMV has a UEI number that that makes it a corporation. I tried to tell him that it is simply a state government agency responsible for issuing licensing and registration however he believes that having that number makes the DMV a for profit corporation.... View More

James L. Arrasmith
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answered on Oct 24, 2024

Having a UEI (Unique Entity Identifier) number does not make the DMV a corporation. The UEI is simply a unique identifier used by various government agencies to track entities for administrative purposes. The DMV remains a state government agency responsible for issuing licenses and registrations,... View More

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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1 Answer | Asked in Immigration Law and Gov & Administrative Law for New York on
Q: Which approach is best for requesting change of status from G4 to F1?

I am in the US on a G4 visa as a dependent but need to change to F1 as my parent is leaving and I need to complete my studies here. I qualify for permanent residency but will only apply for thsi at a later stage. For changing from G4 to F1, is there any difference whether I ask for a change while... View More

James L. Arrasmith
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answered on Sep 25, 2024

If you are looking to change from G4 to F1 status, both options have their pros and cons. Applying for a change of status while in the U.S. can take several months, which could affect your ability to travel during that time. However, staying in the U.S. means you avoid any risks associated with... View More

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Social Security for New York on
Q: Personal property was taken in violation to the Exempt Law, CPLR. 5222-A...and a court Restraint Order would issue
James L. Arrasmith
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answered on Sep 16, 2024

If your personal property was taken in violation of the Exempt Income Protection Act (CPLR 5222-A) and there is a court-issued restraint order, you may have grounds to challenge this action. The Exempt Income Protection Act protects certain types of income and assets from being seized or frozen. If... View More

Q: Why is the term "State" capitalized in 8 USC 1101 (36) (follow up/part 2)

My friend stated that the explanation given for the term State being capitalized showing that in this context that more than just the 50 states are considered states in this code was not correct as he said that it goes against the ruling established in Meese V Keene "It is axiomatic that the... View More

James L. Arrasmith
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answered on Sep 5, 2024

When the term "State" is capitalized in 8 USC 1101(36), it does have a specific legal definition that goes beyond the 50 U.S. states. In this context, "State" can include territories, possessions, and other areas under U.S. jurisdiction, which is why it’s broader than the... View More

1 Answer | Asked in Business Law, Gov & Administrative Law, Intellectual Property and Trademark for New York on
Q: Legality of Naming a Fragrance After a Biological Compound

Hello,

I am seeking guidance on the legality of naming a fragrance after a biological compound. Specifically, whether it is permissible to name a fragrance something like "Androstenol," which is a human sex pheromone, assuming the name isn't registered by another beauty and... View More

James L. Arrasmith
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answered on Aug 21, 2024

Naming a fragrance after a biological compound like "Androstenol" could potentially raise legal concerns, especially if the name suggests a specific biological effect or health benefit. Regulatory bodies, such as the FDA in the United States, may scrutinize such a name to ensure it... View More

1 Answer | Asked in DUI / DWI, Gov & Administrative Law, Employment Law and Admiralty / Maritime for New York on
Q: Appealing Coast Guard decision

Hello, I was taking contaminated gummies and failed pre employment drug test. Please advise, I completed class and evaluation, Coast Guard took my credentials without any notifications.8

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

It might be difficult to get guidance on this here - it's a narrow niche, even within the realm of maritime practitioners - most of whom don't work in this sector. There are some attorneys who handle Coast Guard credentialing and licensing issues involving Administrative Law Judges. You... View More

1 Answer | Asked in Consumer Law, Civil Rights, Gov & Administrative Law and Small Claims for New York on
Q: My brother’s car was impounded I got a notarized letter to release the car but the towing company refuse to release it

The didn’t accept the notarized letter.

Everytime they ask for some sort of form I get it for them then they refuse to accept it and they ask for something else.

Now they’re asking for a form to be sent from wherever the owner is in Fedex but Fedex is not available there and no... View More

James L. Arrasmith
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answered on Jun 15, 2024

It sounds like you're facing a frustrating situation with the towing company. Despite providing all the necessary documentation, they continue to reject it and create additional hurdles. The requirement for your brother to personally release the car, especially when international shipping... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Gov & Administrative Law for New York on
Q: How to motion a venue to get a criminal investigation done by NYSTroopers?

The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.

James L. Arrasmith
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answered on Jun 22, 2024

To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:

1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or...
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1 Answer | Asked in Gov & Administrative Law for New York on
Q: Is the Catalog of Federal Domestic Assistance (CFDA) a legitimate government website?

Is the Catalog of Federal Domestic Assistance (CFDA) a legitimate government website?

James L. Arrasmith
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answered on Jun 2, 2024

Yes, the Catalog of Federal Domestic Assistance (CFDA) is a legitimate government resource. The CFDA was a comprehensive listing of all U.S. federal programs available to State and local governments, organizations, and individuals. It provided detailed information on financial and non-financial... View More

1 Answer | Asked in Gov & Administrative Law for New York on
Q: I live in new youl I was selling my junk car with no plates, A man knocked on my door asking if it was for sale

So we negotiated and I sold him the car he gave me 300 in cash and I gave him the title and keys he said he would pick it up later in the week and never came. I don’t have his number or address he only has mine.

Tim Akpinar
Tim Akpinar
answered on May 22, 2024

There's no guarantee, but it might be worth checking with DMV if anyone registered the vehicle with the VIN on the title. That could be the case if they went to DMV to get plates and come back to pick up the vehicle. This is only one possibility. Good luck

1 Answer | Asked in Gov & Administrative Law, Immigration Law and International Law for New York on
Q: Can I travel to Mexico with an Haitian and passport if I’m living in the United States?
James L. Arrasmith
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answered on Jun 10, 2024

Yes, you can travel to Mexico with a Haitian passport if you are living in the United States, but you will need to meet certain requirements. First, check if you need a visa to enter Mexico. Haitian citizens typically need a visa to visit Mexico, so you should contact the nearest Mexican consulate... View More

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and White Collar Crime for New York on
Q: If the supreme court continues to overturn anything that contradicts conservativism does the court have legitimacy?

The supreme court is literally overturning anything including stare decisis cases. Can the court survive if it’s just an activist group and not upholding laws. Its clear based on decisions they contradict themselves based on the governments role in some things and not others. Why is the... View More

James L. Arrasmith
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answered on May 1, 2024

The legitimacy of any court, including the Supreme Court, hinges on public perception of its impartiality and adherence to the law rather than political ideology. If the court is seen as consistently overturning precedents to align with a specific political viewpoint, it risks eroding its standing... View More

1 Answer | Asked in Gov & Administrative Law for New York on
Q: Is there a statue that refers to "no recording" at Department of motor vehicles buildings? And, who does it apply to?
James L. Arrasmith
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answered on Apr 10, 2024

There is no commonly known statue or sculpture referring to "no recording" at Department of Motor Vehicles (DMV) buildings in the United States. However, many DMV offices have policies that prohibit or restrict photography, video recording, and audio recording inside their premises.... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Landlord - Tenant for New York on
Q: Can a tenant get a lawyer stating discrimination if they got a eviction warning for noise level complaints. Others qs to

Manager said the landlord is selling due to not wanting to deal with lawyer fees & b/c of age & b/c of lawsuit instead of just kicking out the tenants - this has been 3 years of noise ordinance per town code ( I'm one of the upper tenants) They were given a warning last year march due... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information provided, it seems that the tenants who received the eviction warning due to noise level complaints may try to claim discrimination against the landlord. However, it's important to note that eviction warnings based on legitimate lease violations, such as excessive... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Government Contracts and Military Law for New York on
Q: Hello, I was wondering if I could open a case against the DOD or the US Navy? I was honorably discharged from the navy.

I was honorably discharged from the navy after 3 and a half years for refusing to get the covid 19 vaccine. And recently the secretary of the Army Christine Wormuth has issued a memorandum that rescinds all policies associated with the DOD COVID-19 vaccination mandate.

James L. Arrasmith
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answered on Mar 24, 2024

You might have grounds to open a case if your discharge was directly related to policies that have since been rescinded. It's important to understand that legal challenges against the Department of Defense or any military branch require specific grounds such as wrongful discharge or violations... View More

1 Answer | Asked in Gov & Administrative Law and Municipal Law for New York on
Q: NYSP had vehicle involved in fatal MVA taken to impound 36 miles away, instead of 2 miles. Who pays $900 bill?

Boyfriend/driver was found with drug paraphranalia while being transferred to hospital. Troopers got court order for blood test. My daughter (owner/passenger) was killed. Bill was for towing to NYSP impound, rather than local shop nearby.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the limited details provided, here is a summary of the key considerations around who pays the $900 impound bill:

- As the registered owner of the vehicle, your daughter's estate would likely be considered responsible for the accrued impound fees. However, fault in the accident...
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1 Answer | Asked in Civil Rights, Elder Law, Gov & Administrative Law and Municipal Law for New York on
Q: I'm on a woman's Shelter waiting for housing with a City Voucher. It appears the Voucher is not going to help me.

We were told we could report.Real Estates who do not accept the Voucher or ask us for money to find an apartment. Legally what can we do in this case?

James L. Arrasmith
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answered on Feb 24, 2024

In this situation, it's essential to understand your rights and the legal protections available to you as someone seeking housing assistance with a City Voucher. Firstly, you should familiarize yourself with the local housing laws and regulations that govern the acceptance of vouchers by... View More

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