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New York Gov & Administrative Law Questions & Answers
2 Answers | Asked in Contracts, Consumer Law, Gov & Administrative Law and Municipal Law for New York on
Q: Can a car leasing company refuse to give you necessary paperwork required to pick up car from impound?

My vehicle was booted and subsequently towed due to parking tickets. When I tried to retrieve the vehicle I was also made aware that I owed tolls and I had a two day insurance lapse. I paid the tolls. The DMV said I could go get a plate letter so that the tow yard could sacrifice the plates for two... View More

James L. Arrasmith
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answered on Apr 21, 2024

Based on the information provided, it seems like you're caught in a bureaucratic nightmare with various agencies and companies giving you conflicting information and requirements. The situation is complex, and without knowing the specific laws and regulations in your jurisdiction, it's... View More

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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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2 Answers | Asked in Gov & Administrative Law and Health Care Law for New York on
Q: a licensed laser technician can do cranial therapy just being certified or a additional massage therapy license required

I wanna practice cranial therapy, I know that to do body work a license is required, and Massage therapy schooling is costly and long, I am wondering if any other kind of license to do body work will allow me to legally practice cranial therapy?

James L. Arrasmith
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answered on Feb 23, 2024

In many jurisdictions, practicing cranial therapy typically requires specific licensure or certification beyond just being a licensed laser technician. While requirements may vary depending on where you are located, cranial therapy often falls under the umbrella of bodywork or massage therapy,... View More

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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

1 Answer | Asked in Gov & Administrative Law for New York on
Q: Can I register for a new jersey license plate when I live in new york city
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

This is something that attorneys who deal regularly with DMV and related matters would know best, but your post remains open for two weeks. You could check with DMV's online resources, but many people who have out-of-state plates usually use an alternate address that they maintain in the other... View More

1 Answer | Asked in Gov & Administrative Law, Tax Law and Business Law for New York on
Q: Looking for guidance on unique Statute of Limitations for property seizure in NY state

I had a large amount of losses (from 2009 and 2010) that were initially dis-allowed by the IRS which resulted in an audit and a no change letter

NY State followed suit, and disallowed my losses on my NY return, however, they never followed the Federal when my losses were deemed to be... View More

James L. Arrasmith
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answered on Feb 4, 2024

In New York State, the rules surrounding the statute of limitations for tax collections and the ability to claim refunds or credits can be intricate. Typically, there is a limit on how long the state can pursue taxpayers for alleged debts, as well as a limit on how long taxpayers have to claim a... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Municipal Law for New York on
Q: I work in Herkimer County NY as a Peace Officer. Can I work as a bartender-serving alcohol in Oneida County NY?
T. Augustus Claus
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answered on Jan 4, 2024

Whether you can work as a bartender serving alcohol in Oneida County, NY, while employed as a Peace Officer in Herkimer County, depends on the specific rules and regulations governing Peace Officers' secondary employment and any potential conflicts of interest. It is advisable to consult your... View More

Q: I want to charge a subscription for stock tips based on my trading algorithmI am a successful private trader. Legal?

I will not handle anyone else's money for them.

I will provide only the stock tips, and advisement on how best to limit risk, and set goals.

Anyone taking my advice makes their own decisions.

Do I need a license to do this?

James L. Arrasmith
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answered on Dec 15, 2023

Providing stock tips and investment advice through a subscription service, even without directly handling others' money, often falls under the regulatory oversight of both federal and state securities laws. In New York, as well as under federal law, individuals or entities providing investment... View More

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for New York on
Q: Are there in laws that prohibit a Florida real estate developer from advertising our community in New York?

We sell vacation homes and have many clients from New York. We are thinking about participating in a property show but want to make sure its ok to advertise FL properties in New York. Our company is in Florida and so is the community that we would like to advertise. THANK YOU

Alex B. Pia
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answered on Dec 1, 2023

A general concern for interstate property advertisements is whether you are in compliance with any federal/local fair housing and discrimination laws - which can vary by state and city. If you are working with a local broker your agreement should specify that they are taking on these compliance... View More

Q: Can my company commander (army) deny me leave for a explicit doctors note for my wife.

My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks.

James L. Arrasmith
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answered on Dec 1, 2023

In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency,... View More

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Gov & Administrative Law for New York on
Q: Once a settlement is reached in a NYSDHR case, how much time will the paying party have to make the payment?

Can the case be reopened and taken to trial if the paying party fails to make a payment or send over and documents regarding the settlement? It has been 6 months since company settled during NYSDHR pre trial settlement. Still have yet to receive any stipulations, statements, notifications on... View More

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answered on Nov 23, 2023

When a settlement is reached in a New York State Division of Human Rights (NYSDHR) case, the timeline for the payment by the paying party is usually outlined in the settlement agreement itself. This timeline can vary depending on the specifics of the agreement. If there's no specific timeline... View More

1 Answer | Asked in Civil Rights, Legal Malpractice, Landlord - Tenant and Gov & Administrative Law for New York on
Q: What do I do when I have proof of fraud by NYS court employees and Attorneys against me?

Judge, Court Clerk and Attorneys/Landlords NYS

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 11, 2023

You can try reporting the matter to the Office of the Attorney General, https://ag.ny.gov/i-want/use-whistleblower-portal Keep in mind that if your complaint arises out of litigation or a proceeding to which you are a party, it's unlikely that the AG's office will take any action.

1 Answer | Asked in Gov & Administrative Law and Probate for New York on
Q: How do I go above a corrupt courts head? Clerk would not even accept documents to file appeal making me untimely?

Probate court has violated every rule and law as well as executor even criminal I believe but I can't afford an attorney. What do I do?

T. Augustus Claus
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answered on Sep 29, 2023

If you believe that the court is acting improperly, you may be able to file a complaint with the judicial conduct board or another oversight body. You might also attempt to file your appeal in a higher court, but failure to meet deadlines may be problematic.

2 Answers | Asked in Traffic Tickets and Gov & Administrative Law for New York on
Q: I lost my license ver 10 years (Suffolk County, NY). It was due to lapse of insurance, I missed the court date. Help..
Howard E. Knispel
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Howard E. Knispel
answered on Sep 6, 2023

First you need to make sure you clear up everything with the DMV, pay any fines and, if you need, turn in your plates. Once that is cleared up, you need to clear up your situation with the SCTPVA. You need to pay whatever default fines were assessed. Speak to a traffic attorney.

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1 Answer | Asked in Business Law, Gov & Administrative Law and Government Contracts for New York on
Q: does queens county new york have an assignment of judgement praecipe ?

this question would be for a mortgage lawyer

Jack Mevorach
Jack Mevorach
answered on Aug 20, 2023

Forms aside, what are you trying to do?

Jack

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