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New York Military Law Questions & Answers
0 Answers | Asked in Military Law for New York on
Q: Can I sue federal/military volunteers who are wrongly barring me from meaningful experiences within the organization?

I am a federal volunteer with the Coast Guard Auxiliary. The other civilian volunteers in my flotilla do not want me to be a part of the organization, and my superiors and my equals are constantly ignoring me via email. The damage that I am living is that I am barred from gaining meaningful... 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You might have grounds to open a case if your discharge was directly related to policies that have since been rescinded.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

3 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 12, 2024

If the case was filed in Supreme Court, you can check the New York State Courts Electronic Filing (NYSCEF) system, https://iapps.courts.state.ny.us/nyscef/HomePage You can search by index number, party name and attorney.

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2 Answers | Asked in Military Law, Civil Litigation and Probate for New York on
Q: To whom it may concernMy cousin an army veteran passed away with no will, and won a lawsuit settlement.

What action can I take if he won a lawsuit, and I was the person that provided for him when he was alive and also paid all the expenses for his funeral. I called the law firm and was told that yes he won the case however no one will be getting any of the settlement.

T. Augustus Claus
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answered on Dec 29, 2023

If your cousin, an Army veteran, passed away without a will and won a lawsuit settlement, and you were the primary provider for him during his life and covered the expenses for his funeral, there are legal avenues you can explore. Despite the law firm indicating that no one will receive any of the... View More

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1 Answer | Asked in International Law and Military Law for New York on
Q: Under the Viena Convention of similar treaty how do you secure the physical safety of a head of state in foreign land?

Under the Viena Convention of similar treaty how do you secure the physical safety of a head of state in foreign land?

The president of Ecuador is basically permanently 'exiling' his VP to Telaviv Israel, to "help" solve the Hamas/Israel war [in reality, he has a... View More

James L. Arrasmith
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answered on Dec 5, 2023

Under international law, specifically the Vienna Convention on Diplomatic Relations, the physical safety and security of a head of state or other high-ranking officials in a foreign country is primarily the responsibility of the host nation. This responsibility is grounded in the principle of... 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 Military Law and Probate for New York on
Q: What can I do? Is it too late ? How to file myself?are there contingency lawyers or pro bono lawyer for this kind case?

My dad died 2019 of lung cancer his ex wife remarried him 6months before he died with a mentally handicapped kid as witness after knowing he had lung cancer took new truck car whatever he had left and gave nothing to me or brother or grandkids I was too upset how things went down to deal w things... View More

Aaron Mark Pack
Aaron Mark Pack
answered on Jul 12, 2023

I'm sorry for the loss of your father. We lose our elderly Veterans population at a depressing rate.

I would bounce this question off of a family lawyer and maybe a probate lawyer in the jurisdiction where they were allegedly married and where he died.

There are so many moving...
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1 Answer | Asked in Employment Law and Military Law for New York on
Q: There isn't a water fountain or a water receptacle available where I work. There is only the bathroom faucet.

I am a resident of NY State and work on a military base. Is it legal to have only a bathroom faucet available? There is not a kitchen in this facility to access drinking water.

Peter J. Weinman
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answered on May 12, 2023

OSHA's sanitation standard, 29 CFR 1910.141, requires the provision of drinking water at workplaces. They do not specifically mandate the form in which that water is provided (they do not specifically require a water fountain). As long as the water provided is potable and sanitary, the... View More

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 Military Law, Animal / Dog Law and Civil Rights for New York on
Q: can i get my dogs back if im a disabled veteran ptsd 70% and sign a surrender from due to lack of payment for treatment

My dogs contracted parvovirus no veterinarian in nyc would help me unless i had funds which i dont. i had to surrender the puppies to ACC (Animal control center) they had me sign surrender form and told me that i cant get them back because im surrendering them. which i get but these are my... View More

Benjamin Z. Katz
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answered on Nov 19, 2022

By surrendering them, you have no further legal claim. If they are being re-homed, you can apply to adopt them. However, your inability to provide for their medical needs in the past will likely be taken into account.

1 Answer | Asked in Criminal Law, Federal Crimes, Military Law and Municipal Law for New York on
Q: I am active duty station at Fort Drum. Do I have to report to jusry duty in Mississippi?

I am active duty Army station at Fort Drum, New York. My residence is back in Carriere, MS on the Hancock County side. Is there any exemptment for soldiers stationed away from home? If so, what will I need to do to let the court know?

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2021

There are military law attorneys on this forum who have experience with such matters, and they could answer best. But your post remains open for a day, and it is probably best to take some form of action without further delay. You could show the notice to your commanding officer and request their... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Military Law for New York on
Q: How can I get this issue resolved and keep the apartment ?

My friends mother passed away he spoke about keeping the apartment but nothing was finalized since he had to go to the army. Building knew we were moving in and always greeted us even came to fix things in the apartment but no one told us that we couldn’t be here. Today my boyfriend goes to... View More

Sabra M. Janko
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answered on Mar 10, 2021

It sounds like this may be an inheritance issue. It depends on what the will says. The fact that you are living there will not be relevant if he does not own the apartment. He may be able to assume payments if the will provides for that.

2 Answers | Asked in Employment Law and Military Law for New York on
Q: Do I have to provide my LES to my civilian employer after each drill?

I’m in the national guard. I’ve always submitted my orders and a “did preform” letter from my unit signed by my rediness NCO but now my employer wants my LES.

Derek John Soltis
Derek John Soltis
answered on Nov 27, 2018

Sometimes you just go along to get along. When you say "....now my employer wants my LES." It may be someone new in HR that has no clue as to what is needed, but they used to this at their old company, or it may be that they now were given a directive from above by someone else that read... View More

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1 Answer | Asked in Employment Law, Health Care Law and Military Law for New York on
Q: I just found out I have asthma and I have been in the army for 4 years.

Just found out I have asthma after being in the army for 4 years. Prior to the military I was in perfect health and passed all health exams with flying colors. I want to know what i have to do to get out of the military and get my benefits/disability for this, without the rundown on them trying to... View More

V. Jonas Urba
V. Jonas Urba
answered on Sep 18, 2018

Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?

What does your doctor say?

What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims -...
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1 Answer | Asked in Divorce and Military Law for New York on
Q: My spouse is at training for military, is there a special procedure for divorce or is an uncontested divorce okay?

We were married in December 2011 and have been separated, not legally, for a long time and I have been asking for a divorce since 2015. We have a child together, he does not help me financially, he has been in training since September 2017 and I am currently unemployed. I live with my boyfriend and... View More

Christine Moccia
Christine Moccia
answered on Feb 6, 2018

Special procedure for service on a member of the military. Consult a matrimonial attorney.

1 Answer | Asked in Criminal Law and Military Law for New York on
Q: I was in the stockade for six months of hard labor,does this time served go on your record as AWOL?
Lee A. Koch
Lee A. Koch
answered on Oct 10, 2017

If you were sentenced to the stockade for six months, then you weren't AWOL. Your duty was to be in the stockade.

1 Answer | Asked in Family Law and Military Law for New York on
Q: What is the punishment for knowingly collecting bah for being married when the marriage is fraudulent in the Army?

Someone got married to a woman who had previously been married. At least three years ago, he knew that she had her cousin forge her ex-husband's signature on the divorce papers. He still was considered married to her and still collected around two years of BAH, knowing the marriage was fraudulent.

Patrick Korody
Patrick Korody
answered on Aug 23, 2017

This is a unique question - fraudulent marriages are normally marriages that, at the time the marriage occurred, were done with the intent to wrongfully obtain certain benefits, like BAH. It sounds like the marriage was legit and not for the purpose of stealing BAH, so the intent would be absent,... View More

2 Answers | Asked in Military Law for New York on
Q: my husband has been arrested for desertion for the second time and is facing court martil what should i do ?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

He should hire an attorney to defend him. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

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1 Answer | Asked in Animal / Dog Law, Civil Rights, Landlord - Tenant and Military Law for New York on
Q: What's the NY law for veterans, accompanied by EmotionalSupport Animals(dog) staying hotels, rooms, housing,Airbnb

I'm medically retired US Army veteran and am accompanied by a 10lbs Maltese dog as an ESA by doc recommendation. Been rejected by hotels. Now having hard time finding a hotel or Airbnb room(until I find a place to live) in New York.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

See: https://www.thelpa.com/NYservice_animals_brochure.pdf

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,...
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1 Answer | Asked in Military Law for New York on
Q: What happens when one military is replaced with a new law? Which law is binding in my compensation claim ?

I am claiming service connection for methadone dependence and the old law states that because of drug abuse it was non service connected. The new law 38 CFR 3.301(c)(2)(3) suggests that it can be service connected ?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Mar 23, 2017

The answer is as follows:

"The law that was in place at the time the cause of action arose shall be binding, even if said law was modified or overturned during the course of the lawsuit." (the public/legislative policy behind this is that one should not be held responsible for...
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