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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on
Q: I have a writ of certiorari petition packet from the US Supreme Court that needs to be done on, or before 6/6/2024.

I have difficulties in understanding some pages, such as: 1)related cases 2)in the table of authorities cited on part that asks cases 3)statement of the case. These are the 3 that I have difficulties in understanding, in which, I have to make sure that I fill it out correctly or it will get... View More

Charles Holster
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answered on Apr 17, 2024

The questions you are asking are very basic, and the fact that you have to ask them suggests that you should not be attempting this appeal to the U.. Supreme Court without legal representation.

Q. what does related case mean? A. related cases" means other cases that you are involved...
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3 Answers | Asked in Civil Litigation and Medical Malpractice for New York on
Q: Frustrating setting and not getting any real info from attorney about a settlement

A settlement was reached and a check was apparently cut (according to my attorney) 4 years ago from the insurance company due to a lawsuit from a malpractice case from 2008. My uncle had a routine colonoscopy thay went left and eventually he passed. Its only me and a neice left and we were to split... View More

Michael David Siegel
Michael David Siegel
answered on Apr 15, 2024

It should definitely not take this long. You can view the Surrogate's Court and Supreme Court dockets online to know where you stand.

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2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?

Carl Nelson
Carl Nelson
answered on Apr 15, 2024

The statute of limitations runs from when a cause of action accrues to when a complaint upon that cause of action may be commenced. If they have a judgment, your right to raise that as a defense now is likely waived.

You may want to speak to an attorney about the implications of the...
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0 Answers | Asked in Criminal Law and Family Law for New York on
Q: I am wondering where this is going..How can Halle Berry

compromise her safety, mental health, and her kids who are all underage for her ex and ex-husband to have a secret house with Klay Thompson.. is she really living with my husband in a secret house??? With kids??? Where am I going from here???

1 Answer | Asked in Real Estate Law for New York on
Q: I bought out the co-owner of my house. He had a lien on the house from American Express. I want to pay it off.

I wrote to the address on the court order and to their attorneys. Neither one replied. What else can I do?

Michael David Siegel
Michael David Siegel
answered on Apr 13, 2024

Make a motion to vacate the judgment. That will get their attention.

1 Answer | Asked in Civil Rights, Constitutional Law and Communications Law for New York on
Q: Can a hotel/restaurant place audio recording devices in their establishment?

The cameras are connected to another employees phone and said person listens to other people’s conversations that are not in regards to the business. Also no signs are posted that audio is being used. The cameras are used to eavesdrop.

James L. Arrasmith
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answered on Apr 12, 2024

In New York, it is illegal to record or eavesdrop on an in-person or telephone conversation unless at least one party to the conversation consents. This law applies to private establishments like hotels and restaurants as well.

According to New York Penal Law 250.05, "A person is...
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0 Answers | Asked in Domestic Violence for New York on
Q: Does domestic violence play a factor in divorce?

I have been a victim of domestic violence from my spouse. Multiple times I have been physical and verbal abused by her and it even got to the point where I had to get an order of protection against her which started off as a stay away order and then dropped to a refrain from order. Can any of these... View More

0 Answers | Asked in Divorce for New York on
Q: Im not divorced yet but on the 17th we are to vacate our apartment. Am I liable for anything if my ex refuses to leave

Movers for the military are coming on the april 15th to move everything in the house out. My "wife" is claiming that if any marital property that gets moved to my house she will come after me in any way possible. Can she do this even though everything needs to be out of the apartment on... View More

0 Answers | Asked in Divorce for New York on
Q: Can my "wife" refuse to leave an apartment that is supposed to be vacated on the 17th even if we are not divorced?

We haven't started the divorce process yet, but the Army is relocating our belongings, and she says that she will refuse to leave the apartment and also come after me for taking "marital property" when the apartment has to be vacated. Also since she is moving to FLorida would I have... View More

0 Answers | Asked in Real Estate Law for New York on
Q: How do I become administrator of my moms estate?

Mom passed 2 years ago . She didn't have a will there 3 of us kids and I'm basically paying everything no help from other two and I need to find out how to transfer house deed to me other two siblings doesn't want anything to do with it .

1 Answer | Asked in Family Law and Child Support for New York on
Q: When is child support end In new York state I'm in buffalo ny .

My son is 19 basically working full time and pays his mother rent to live in her house ? Should I really be paying child support?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

Yes. The cockamamie federal laws regarding child support were taken to the maximum in New York with a 21-year age out, and the burden of proof of the adult child's emancipation is on the non-custodial father. Voting carelessly carries enormous ramifications.

To undo child support with...
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1 Answer | Asked in Immigration Law for New York on
Q: I am on F1 visa, can i start an llc, and take the income, or put myself as an employee for the company from another coun

I am on F1 Visa in the US, i am also a resident of the UAE which has no taxes, i am aware that i cannot work in the US under F1 status without authorization, so can i start the company in US and put myself down as an employee using the UAE residence, would i be violating my visa status?

James L. Arrasmith
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answered on Apr 12, 2024

As an F1 visa holder, you are not allowed to work in the United States without proper authorization, such as Optional Practical Training (OPT) or Curricular Practical Training (CPT). Starting a company in the US and putting yourself down as an employee, even if using your UAE residence, could be... View More

0 Answers | Asked in Criminal Law for New York on
Q: After 160.59 sealing in ny will I receive my dna sample back

I had 1 conviction for petty larceny 14 years ago and recently sealed through the court

0 Answers | Asked in Real Estate Law for New York on
Q: A friend of mine lives in the house and the garage is separate and was converted into a storefront but no name on deed

And there's no name on the detours house. Is it legal for him to collect rent? Especially when is no name on the deed

1 Answer | Asked in Immigration Law for New York on
Q: The officer also set me up a court date for a date after my oath ceremony for the citation. Will that affect my oath cer

The citation was for insurance lapse. Court date is may 21st my oath ceremony is tomorrow. I have proof of my insurance when the citation happened though

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems unlikely that the pending court date for the citation would affect your oath ceremony tomorrow, especially if you have proof that you had valid insurance at the time the citation was issued. Here's what you should consider:

1....
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0 Answers | Asked in DUI / DWI for New York on
Q: Hi Is it possible to get an interlock system removed early if the DMV has you down as a problem driver on your license?

I’ve been given 5 years of intoxalock and I’m over half way done. My dwi was in 2012 and I’ve recently had to stop work due to injuries and upcoming surgeries. I’m in a true hardship and I’m looking for anyway to decrease my bills at this time. I’ve been out of trouble and employed... View More

0 Answers | Asked in Employment Law for New York on
Q: My full time employer scheduled me off for 3 weeks then completely cut off communication

I was employed with a contractor working for FedEx ground as a full time employee me and my kids were sick a couple of times in Feb on Feb 26 I called in sick the manager said it’s Monday we really need you I was throwing up and in bed all day. At the end of the day he called and said I was off... View More

2 Answers | Asked in Estate Planning and Family Law for New York on
Q: Are wills -- download forms printed from online legal?

We live in New York State

My husband (55) and I (62) would like to make a will, don't have time for a lawyer (leaving town).

Can we download a will from online (i.e.Rural Law Ctr NY provides template)

- print out

- have 2 unrelated people witness

- notarize

Thank you,

Howard E. Knispel
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Howard E. Knispel
answered on Apr 11, 2024

A will must be prepared and executed in an exact way. The witnesses have to know what they are witnessing. When I do a will signing it is a formal ceremony and I ask certain questions of the testator and witnesses. If you do it properly then it should be ok. If you make any mistakes the entire... View More

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0 Answers | Asked in Education Law for New York on
Q: Is this worth filing a complaint with the charter school?

My child was pushed down the stairs by another student and told to get up by the teacher.

He was not sent to the nurses offices and I wasn't informed of this incident. While at home my child took a long nap and that's when I found out that he had hit his head and had a headache.... View More

0 Answers | Asked in Criminal Law and Municipal Law for New York on
Q: If a house was raided is there a police report and where would I get this report?

My sister's house was raided. They thought my sister was a drug dealer because she had one guy living with her that was on heroin who was working on her house. He lived there because my sister was tired of picking him up every morning at his house so she made him move in till the job was... View More

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