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New York Gov & Administrative Law Questions & Answers
2 Answers | Asked in Immigration Law, Gov & Administrative Law and Military Law for New York on
Q: Do I need to sign up for Selective Service if I plan to move out of the U.S?

I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

In the United States, almost all male U.S. citizens and male immigrants residing in the U.S. who are 18 through 25 years old are required to register with the Selective Service System. This includes U.S. born and naturalized citizens, parolees, undocumented immigrants, legal permanent residents,... View More

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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: The driving law states in nyc a driver with a permit needs dual brakes, yet while taking the road test while you only

Have a permit and don't need dual brakes

Tim Akpinar
Tim Akpinar
answered on May 10, 2023

Here is an excerpt from the NYS Department of Motor Vehicles regarding dual brakes...

"If you have a junior learner permit, you may drive in any of the five boroughs in New York City between the hours of 5 AM and 9 PM only under the direct supervision of your parent, guardian, a person...
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1 Answer | Asked in Personal Injury, Gov & Administrative Law and Municipal Law for New York on
Q: How difficult is suing the City for property damages sustained by the FDNY after they couldn’t close a fire hydrant?

FDNY broke a hydrant after putting out a fire. The streets were flooded, Catch Basins and Sewers were clogged and there was no where for water to drain but into our all our basements causing extensive damage. Comptrollers Office just rejected our claims. Three property owners filed claims with the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 27, 2023

Sorry to hear what happened to your property. Before you can formally sue a municipality such as the City of New York for negligence, you must first file a Notice of Claim within 90 days of the occurrence. Once you've filed a Notice of Claim (a prerequisite to any lawsuit), you have 1 year... View More

1 Answer | Asked in Health Care Law, Education Law and Gov & Administrative Law for New York on
Q: If the judge put a neglect case on me but I got my children back can I go to school to become a nurse to care for adults

I want to go to nursing school or am I not allowed to have nursing license in ny state

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2023

This may be something that most Criminal Defense attorneys and Health Care Law attorneys (categories chosen for the post) do not casually deal with on a regular basis. It may be more along the lines of professional licensing. You could try reposting under Education Law, which might be a closer... View More

2 Answers | Asked in Copyright, Intellectual Property, Civil Rights and Gov & Administrative Law for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 3, 2023

You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... View More

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1 Answer | Asked in Gov & Administrative Law for New York on
Q: Can you really get in trouble if you don’t answer jury questionnaire in New York State ?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 26, 2023

Yes. Pursuant to New York Judiciary Law Section 527, any person who fails to respond to a jury questionnaire served personally or by U.S Mail, and further fails to comply after being served with a “notice of non compliance” personally or via U.S. Mail, may be subject to a “noncompliance... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: Is it not true that only a Judge can dismiss a claim on failure to file a claim upon which relief can be granted?
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2022

Your question straddles a number of categories. I can only speak for the civil part; a criminal defense attorney could address criminal aspects. In my experience, it is the judge who makes decisions on dismissals. Your question includes the word "only." I can only say that I haven't... View More

Q: I live across the street from a developer who used to play nice. You knew what was going to be built 6 months in

advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”

WAS ALL OF THAT LEGAL?????

It’s been a few years.

Do Towns... View More

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.

1 Answer | Asked in Gov & Administrative Law for New York on
Q: Could I get both a motorcycle permit and driver's permit in the state of NY?

I already have a driver's permit in the state of New York, and I was wondering If I could get a motorcycle permit, or would I need to get a driver's license first?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 30, 2022

According to the DMV website, "A New York State resident must have a Class M or Class MJ driver license or learner permit to drive a motorcycle. To get a motorcycle license, you must first get a motorcycle learner permit."... View More

1 Answer | Asked in Gov & Administrative Law for New York on
Q: Can Erie County Water Authority demand entrance to home to inspect sewer connection. Not a new installation nor mod.

They have sent letters demanding they be allowed to inspect. There is no suggestion of impropriety by the home owner, they are just looking. I don't feel they have any right to demand access. They threaten escalation to those who do not allow inspection. My house is 70 years old and was... View More

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2022

Public water authorities, environmental conservation agencies (sewage), electric utilities, and other public works generally have authority to request reasonable access to their infrastructure for inspection, maintenance, or equipment replacement. This holds nationwide as a matter of public policy.... View More

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for New York on
Q: NYS Trooper stopped me,told him license was susp.were in a safe place he had me move car to store can he still ticket

I was stopped today due to a car riding to close so I sped up to get him away from me cop clocked me at 86 in a 65. When he turned on lights I took exit ramp an pulled over when safe as I had my child in car. I told him immediately my license is suspended. He still proceeded to have me drive my... View More

Toshinori Isoai
Toshinori Isoai
answered on Dec 3, 2021

The police officer's reason to stop you was the alleged speeding and your license was suspended at that time. That's how you would have received the summons for both speeding and operation while suspended. The officer's request to move your car after that won't change the... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Gov & Administrative Law for New York on
Q: My company laid me off, lack of work.

My boss gave me a company bonus check for project commissions in my duration. Do I have to report this to Unemployment NY? The check was issued from a payroll account of the company. this isn’t severance it is a bonus owed to me from last years project completion commission percentage. They did... View More

Carrie Dyer
Carrie Dyer
answered on Apr 21, 2021

Yes, you should still report it as income received to unemployment for the week that you received the bonus check.

1 Answer | Asked in Family Law, Gov & Administrative Law, Elder Law and Divorce for New York on
Q: NYC dept of health denied request for birth certificate stating first name has one letter different than legal name.

What law requires a senior citizen to change the name on their birth certificate to match current name ?

Why is name on social security not considered legal name?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Feb 3, 2021

You can file a petition to change your name with the court. It is a relatively simple form that you can download from the court website. As for divorced people, every NY divorce judgement includes an order allowing the person to change their name back to their previous name.

1 Answer | Asked in Traffic Tickets and Gov & Administrative Law for New York on
Q: I was pulled over by a NYS trooper and he told me he is letting it go but does that count as a verbal warning?

He pulled me over said i was speeding ran my license and registration for about 45 seconds and then said he is letting it go and walked away. Should i expect anything in the mail or anything on insurance? Will this count towards anything and is it considered a verbal warning? or will anything be... View More

Zev Goldstein
Zev Goldstein
answered on Jan 23, 2021

The NYS Criminal Procedure Law requires traffic tickets to be served on you personally. If a ticket is mailed to you (rare) it is dismissable. Drive safe.

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: Hi I had been for months trying to get someone to change my birth certificate name, someone was about to but.... P
Michael David Siegel
Michael David Siegel
answered on Jan 19, 2021

You do not need a lawyer for this, but it is a hard process.

1 Answer | Asked in Civil Rights, Employment Discrimination and Gov & Administrative Law for New York on
Q: Maximum lawyer fees for federal (government agency) discrimination ( title V) cases?

Is there a maximum amount or percentage a lawyer can charge for title V cases against a government agency settled at the EEOC level? I was told by a friend who practices family law out of State that the fees they can charge are capped similar to what disability lawyers can charge. Another piece of... View More

V. Jonas Urba
V. Jonas Urba
answered on Dec 16, 2020

Apparently, you may be situated in a state outside of New York. I limit my active practice to New York State. Each state enacts laws regarding ethical behavior and conduct of lawyers. Many adopt the model rules but there are exceptions.

In New York State lawyers fees are determined by the...
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1 Answer | Asked in Gov & Administrative Law for New York on
Q: I found a bond that was my grandfather-in-law. How can I tell if it's worth something?
Tim Akpinar
Tim Akpinar
answered on Nov 22, 2020

A financial advisor, or other investment professional might be more familiar with this area than a Government and Administrative Law attorney. Until you locate a financial/investment professional for meaningful guidance, there are some online tools out there for computing bond value. If you could... View More

1 Answer | Asked in Gov & Administrative Law and Traffic Tickets for New York on
Q: I WANT TO KNOW DOES THE STATE ADMINISTRATIVE PROCEDURE ACT (SAP) CONTROL THE NY DMV TVB HEARING PROCEEDINGS?
Zev Goldstein
Zev Goldstein
answered on Nov 15, 2020

It should, but good luck getting the TVB to follow it.

2 Answers | Asked in Contracts, Copyright and Gov & Administrative Law for New York on
Q: Can I create a brand called s.c.u.m or would their be a conflict ?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Oct 3, 2020

It is important to understand that brand and trademark are different concepts. You can create a brand using that designation, and from a marketing point it might be alright. However, from a legal standpoint it is a best practice to go through a clearance process thinking of trademark and copyright... View More

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1 Answer | Asked in Gov & Administrative Law, International Law and Tax Law for New York on
Q: I am an international PhD student in the States. I want to simultaneously obtain a PhD in my home country.

My presence in my home country is not needed, I can work with my advisor remotely. My US advisor knows my home country advisor; they work on very close problems, they are both okay with this scenario. Can I legally do it, from the point of view of the US laws? I receive a scholarship in the States... View More

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2020

If a visa of any type is involved, you may want to additionally repost in the Immigration Law section - it's possible the insight of an immigration attorney could be valuable, and possibly more relevant than the other categories, depending on circumstances. Good luck

Tim Akpinar

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