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0 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: I have a situation with my work place and bosses and HR. I have disclosed why I have frequent absences. I got demoted.

Now I am working as part time. The immediate supervisor saw me on the first day of returning to work, she didn’t even say hello. I was being pushed to part time without any discussion. I have doctor notes for my absence. I have several chronic illnesses which makes me prone to infection. I told... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for New York on
Q: Is the divorce not finalized and is the permanent custody order not in place?

We went to court to finalize the divorce 3 months ago. My lawyer called me 11/2 months ago and said there was an error in the document and we have to resign. Both parties need to resign. So I did, my exhusband has not yet. I have to get the custody order to register my children in school. I need to... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2024

If there is a temporary order giving you custody, that should be sufficient to register the children in school. There is no final order as there is no divorce. You will need to file a motion to get the case in front of a Judge to get your divorce and final order if your husband will not sign the... View More

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Civil Litigation for New York on
Q: What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court

What does constitutional & statutory provisions involved mean in a writ of certiorari petition from the US Supreme Court?

James L. Arrasmith
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answered on May 1, 2024

In a writ of certiorari petition from the US Supreme Court, the term "constitutional and statutory provisions involved" refers to the specific parts of the Constitution and any relevant laws that are applicable to the legal issues being presented in the case. This includes any... View More

2 Answers | Asked in Divorce, Child Custody and Family Law for New York on
Q: If the noncustodial parent doesn't visit their children in an extended period of time, is this considered abandonment?

I know visits are voluntary, however is it considered abandonment to not participate in parental visits and ignore all communication. Not participate in any decision making? Will this be ground to refile for decision making in the future? How long would I wait to refile for full decision making... View More

Howard E. Knispel
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Howard E. Knispel
answered on Apr 18, 2024

If the noncustodial parent does not abide by the court order of visitation, you can file to modify the visitation schedule. This must be substantial, however. Missing a few visits, especially if there is an valid excuse, might not be considered substantial enough to end visitations. This is very... View More

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0 Answers | Asked in Government Contracts for New York on
Q: Is it illegal to send emails to clients who are registered for a service? Does it have to have an unsubscribe option?

these are posting from government agencies regarding bid opportunities. Does there have to be an unsubscribe button for registered vendors receiving non marketing emails?

1 Answer | Asked in Child Custody and Divorce for New York on
Q: Can a divorce be voided because of a typo?

I went to court and we finalized our divorce. Both parties signed in the court room. There was a typo or error in the custody order/ divorce agreement and I had to resign new papers recently and my exhusband hasn't signed them. Does that mean we are not divorced? Does that mean there is no new... View More

David P. Badanes
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David P. Badanes
answered on Apr 18, 2024

Without seeing the actual Judgment of Divorce, I can't definitely answer your question. However, most likely you are still divorced. It seems that you may have to go back to court with a Motion to get your husband to sign the correct papers.

1 Answer | Asked in Constitutional Law, Employment Discrimination and Legal Malpractice for New York on
Q: Is it ethical for members of the supreme court to be in the Federalist Society?
James L. Arrasmith
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answered on May 1, 2024

When considering the ethics of Supreme Court justices participating in the Federalist Society or any similar organization, it's essential to weigh the principles of judicial independence and impartiality against the benefits of intellectual engagement and education that such memberships might... View More

1 Answer | Asked in Car Accidents and Contracts for New York on
Q: My bf is pretty much going through the same thing only the person who has the car had a hit and run at the casino

He found out he was the primary leaser when the cops came to the house and handed him a hand full of tickets when he went to file his taxes thay had put he made 68,000.00 a year so that put him on a different tax bracket now he owes 4,000 to federal and almost 4,000.00 in ticket

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2024

It isn't fully clear what is taking place here, but if your boyfriend received citations or charges involving a hit and run with a vehicle operated by someone else, he should consider consulting with an attorney on the tickets you mention, noting the due dates for answers/appearances outlined... View More

1 Answer | Asked in Products Liability and Business Law for New York on
Q: How do I take photoes as the photographer
Tim Akpinar
Tim Akpinar
answered on Apr 17, 2024

This doesn't sound like a product liability law question (the category chosen, which is more about injuries from dangerous products). You are probably not asking about non-legal aspects of taking photos when you mention taking photos "as the photographer" (as in technical attributes... View More

1 Answer | Asked in Uncategorized for New York on
Q: Hi was in a relationship and didn't work out I needed person level my home
James L. Arrasmith
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answered on Apr 17, 2024

I'm sorry to hear that your relationship didn't work out. Breakups can be very difficult emotionally. It's understandable to want to make some changes to your living space afterward, to help process the transition and make your home feel like your own space again. Here are a few... View More

0 Answers | Asked in Criminal Law, Elder Law, Federal Crimes and Municipal Law for New York on
Q: What kind of lawyer do I need to fight for me against the town and the two people who killed my sister.

I finally found hard evidence that he killed my sister with his medication which showed on the toxicology report that it was his meds. The prescription read his name on the bottle. The detective had taken a picture of the meds. There is way to much to tell on here... I am living a nightmare, I am... View More

1 Answer | Asked in Criminal Law, Elder Law and Municipal Law for New York on
Q: What kind of lawyer do I need to fight for me against the town and the two people who killed my sister.

I finally found hard evidence that he killed my sister with his medication which showed on the toxicology report that it was his meds. The prescription read his name on the bottle. The detective had taken a picture of the meds. There is way to much to tell on here... I am living a nightmare, I am... View More

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

My advice is to contact the New York State Police and provide to them the toxicology report and other hard evidence while explaining that you are having difficulty with the local police and sheriff's dept.

The New York State Police may have received other similar reports regarding...
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1 Answer | Asked in Civil Litigation for New York on
Q: i have a question about tree line cutting.

Ilooked upcase law in new york Holser v

geerlott 2021 . I hired a guy to cut the trees down and i recieved $1630 dollars for the logs. Now my neighbor had a new survey done and the one stake does not match were my stakes were.I have 7trees then that were cut just over on his line. now... View More

Peter Klose
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answered on Apr 17, 2024

Crazy that you should ask this question right now as a I prepare to go to a full jury trial for the removal of brush on a lot. Google RPAPL 861. The problem is that sometimes you can be liable for trespass, treble damages and punitive damages, depending upon the allegations and proof. You... View More

0 Answers | Asked in Medical Malpractice for New York on
Q: I have epilepsy, successfully managed for 1.5 years on a ketogenic diet, and no drugs. MDs don't like this.

They pressure me to take drugs, and now some are resorting to coercive behaviors, such as putting false, exaggerated diagnoses in my medical record (and sharing it with large area institutions w/o permission), and threatening that I won't be able to renew my driver's license. In the... View More

0 Answers | Asked in Divorce for New York on
Q: Married in California years ago. Need to get divorced asap but I recently moved back to NYC

Please see below timeline...

2006: Married and lived in California.

2011: I moved to NYC. Spouse still in Cali.

2012: Spouse filed for divorce but got dropped due to non-attendance.

2019: I moved back to live in Cali.

Oct 2023: I moved back to live in... View More

0 Answers | Asked in Probate for New York on
Q: Where would I find the listing of all beneficiaries to a probate estate in Southern California?

I, 40, had a great aunt pass away in Southern California, I am in New York. During this process I had to sign off on a sale, and was told that I would be receiving a sum of money. Since this, I've had a falling out with my family, and when asked was told the stipulations were changed. How can... View More

1 Answer | Asked in Immigration Law for New York on
Q: Can I reapply for a visa during the grace period in the US?

If I decide to extend my O-1B visa for 1 more year, can I apply during the grace period?

James L. Arrasmith
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answered on Apr 16, 2024

Regarding your question about reapplying for a visa during the grace period in the US, here are a few key points:

- The grace period for O-1 visas is 60 days after the visa expires. During this time, you are allowed to remain in the US but cannot work.

- It is generally recommended...
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4 Answers | Asked in Bankruptcy for New York on
Q: Do you have to report social security benefits in Chapter 7 filing?

My mother is a senior with credit card debt and is essentially judgment proof because she only receives pension and social security, no other income or assets. Do social security benefits get reported in Chapter 7 filing papers in NY?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Apr 16, 2024

You do report Social security on schedule I and the means test but it does not count toward the means test result. Pension income gets reported on both and does count. Speak to an attorney to decide whether filing is beneficial.

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