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New York Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights for New York on
Q: Looking for help with a denial for a gun permit.

I applied for a gun permit I got denied I wrote an appeal letter they denied that I feel like it is unjust.

Derek John Soltis
Derek John Soltis answered on Apr 9, 2020

This is a very specialized area of law. I would recommend doing a google search for a gun permit lawyer near you.

1 Answer | Asked in Business Law, Personal Injury and Civil Rights for New York on
Q: If I am filing a small claims of $320, which is the amount I lost, how much can I charge for damages?

Is there a minimum or maximum amount that I can charge for damages?

Tim Akpinar
Tim Akpinar answered on Apr 8, 2020

The New York State Unified Court System has some educational resources for using Small Claims Court. Here is web address for their page:

http://www.courts.state.ny.us/courts/nyc/smallclaims/videos.shtml

They answer questions about amounts and other issues. Good luck

Tim...
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1 Answer | Asked in Civil Litigation and Civil Rights for New York on
Q: Can a lawyer help me sue the NYCTP and NYPD for continuously harassment and my minor son?

After my ex husband failing to get me deported. He went ahead and made false allegations about me and my minor son to the police. We are always being harassed like criminals. We are labeled thieves in the stores despite the fact that I have no criminal history. My ex is NYPD retired detective so he... Read more »

James Avery
James Avery answered on Apr 2, 2020

Local police corruption can be reported to the Dept of Justice (FBI).

1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for New York on
Q: False police report - Fake domestic violence report - Attorney Referral

A false police report was made by my family members and the NYPD arrested me based on that FALSE/FAKE police report. Now, I need a lawyer that can help me file lawsuits for False police report, wrongful arrest, financial harm, destruction of reputation, mental stress & conspiracy. Thanks.

James Avery
James Avery answered on Apr 2, 2020

Do you have proof that the police KNEW the report was false and DELIBERATELY arrested you without evidence? How many years in jail did you spend as a result?

1 Answer | Asked in Civil Rights for New York on
Q: Is this a violation of the First Amendment?

I recently created a project on Social Security and I did it in a satirical way with labeling a few of my classmates as "blind" or "dependent", I got their full consent, and I showed everyone I interacted with that day the video for their approval. However, my teacher rejected my project due to the... Read more »

James Avery
James Avery answered on Apr 2, 2020

Your teacher is allowed to exercise discretion in the classroom, and students have no established right to exercise free speech in the classroom.

2 Answers | Asked in Civil Rights and Legal Malpractice for New York on
Q: Provide a scenario of legal negligence and explain which elements of negligence are factors in the scenario.
James Avery
James Avery answered on Apr 2, 2020

The most common scenario of negligence (lack of due care judged by professional standards) is failing to diligently pursue legal matters, including failure to file timely lawsuits. Many lawyers do not use modern software for tracking cases, etc. The damage which occurs is the value of the matter... Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for New York on
Q: Can an employer require employees who return to work following a COVID-19 Diagnosis to wear a mask?

I am a Civil Service Employee in NYS, which is a represented by a Union. The Chief Administrative officer has stated that once the Dept of Health Clears an employee to return to work after a COVID-19 Infection, that the employee must wear a mask for 7 additional days. The act of being forced to... Read more »

V. Jonas Urba
V. Jonas Urba answered on Apr 1, 2020

Everyone should be wearing masks with or without a diagnosis. Medical experts recommend that.

I had an emergency need to venture out today. The people with masks are the ones we respect most because they respect us and our well being.

You should be held in high esteem and continue...
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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: If a male coworker tells a female coworker “I’ll let your attitude slide because of pregnancy hormones” is that harasmnt

Female coworker is not pregnant

Brian Greben
Brian Greben answered on Apr 1, 2020

Yes, it's harassment. But if that's the only statement at issue, it's probably not to establish a pattern of discriminatory conduct.

3 Answers | Asked in Bankruptcy, Divorce, Civil Rights and Collections for New York on
Q: Being threatened for cosigned student loans even though in my divorce paperwork it states I'm no longer responsible.

The loan providers say I'm responsible and it doesn't matter what my divorce papers say. Is this true I will need to civil sue the loan holder I co-signed for?

Timothy Denison
Timothy Denison answered on Mar 9, 2020

You are still liable directly to the loan provider, bc the loan provider was not a party to your settlement agreement with your spouse. If your spouse is not paying the loan, you should make a motion in your divorce case to hold your spouse in contempt for not paying as agreed and ask the court to... Read more »

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1 Answer | Asked in Traffic Tickets, Child Support, Civil Litigation and Civil Rights for New York on
Q: Can the law force siblings to care for their parents in Puerto Rico ,if the siblings don’t live in PUERTO RICO?
Tim Akpinar
Tim Akpinar answered on Mar 7, 2020

This is something that an attorney who practices in Puerto Rico would know better than a New York attorney. You could repost under Puerto Rico (look for the link for other states), and one of the attorneys in that section could have better chances of seeing your question. Good luck

Tim...
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1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for New York on
Q: I have a Divorce Action pending. Who is the best Civil Rights Atty. in Albany, NY, that protects "Freedom of Religion"?

Also: I am at the Appeals Level of my case. I need help now. Time is of the essence.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 24, 2020

Contact your local bar association for attorney specialties and recommendations.

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for New York on
Q: can you get fired for lying about your HIV status?
V. Jonas Urba
V. Jonas Urba answered on Feb 19, 2020

The most important question is where, when, and why you were asked about that?

Then, whether that question was directly related to your job duties and how you would perform your duties with precautions, if any, as required by law.

Then, if the question were asked at the appropriate...
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1 Answer | Asked in Civil Rights for New York on
Q: I have a scheduling conference and am ill in federal court but denied an adjournment, and judge says only me to appear.

Judge in federal court will not appoint me a lawyer in civil rights case and will not give me time to find a lawyer or time to get from Florida to NY as I am ill.

Derek John Soltis
Derek John Soltis answered on Feb 13, 2020

Contact the Bar Association in the city or county or state of the court you need an attorney and ask for an attorney referral. You can hire an attorney over the phone to represent you.

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: My fiance and I recently split up when we were together I purchased and paid for a mobile home for us her name

Is on the title due to park regulations. She wants me to buy her out for 2000( roughly half purchase price). She did not put money into it or towards it. She is trying to tell me she will force me to sell the mobile home if I don't pay her 2000. I am the primary on the title and still live in the... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Feb 13, 2020

Greetings. New York's heart balm act (Section 80-b of NY's Civil Rights Law) allows individuals to sue for return of property given to a fiance in contemplation of marriage. Common examples include return of an engagement ring, a house, a car, a fur coat, etc. The court will direct the fiance to... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: I've broken up with my live in partner and have signed a contract to purchase a boat ( loan in my name) .

He wants to pay me monthly for the loan on the boat as well as some credit card debt that I have on my card that's his.

Should I get this in writing, or is it too late. The boat has not been delivered yet and we are still on speaking terms.

Not sure if we will get back together and... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 11, 2020

Definitely get it in writing. And if you cannot get out of this boat deal make sure you are on title. Otherwise you will have a debt and no boat.

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Civil Rights for New York on
Q: Will I be criminally charged?? What to do? Please help!!

I work as a cashier in a pharmacy, last week I had LP investigating me for theft and lost prevention.

Long story short, I used my non discount card for customers which accumulated coupons that I used for personal purchases. The amount estimated was $100. In my statement, I admitted the... Read more »

V. Jonas Urba
V. Jonas Urba answered on Feb 6, 2020

An employment lawyer would carefully review your employee handbook before advising you. This could be completed remotely. You would call and discuss more details, you and the lawyer would agree to a flat fee for such review and legal advice regarding options, and everything including payment and... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for New York on
Q: I was recently charged with a DWI. Breathalyzer concluded that my BAC was 0.03, I was then brought to the police HQ .

When I was brought back to the police headquarters the officer instructed me to look at the wall. NOTE: I was not given a clear and unequivocal warning that a chemical test was being performed and the consequences of not performing the test.

With that said, I replied to him, "look at the... Read more »

Michael Arbeit
Michael Arbeit answered on Feb 4, 2020

When did the arrest happen and where? Did you go to the Refusal hearing? You need to retain an experienced criminal defense attorney for proper representation.

1 Answer | Asked in Family Law and Civil Rights for New York on
Q: ACS/ CPS violation?

good evening, to sum up my situation my boyfriend had called ACS on his sister due to child neglection. this has been going on before and even when i started dating him and witness the actions but i never got involved because he was already going to call because he was fed up, when he called ACS he... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Jan 7, 2020

You need a Family Law attorney

1 Answer | Asked in Libel & Slander, Criminal Law, Family Law and Civil Rights for New York on
Q: Can an ACS caseworker be sued as an individual for slander/defamation? I have proof that she lied in her report

After receiving a copy of the SCR report I discovered that the caseworker, her supervisor and unit manager all lied in their reports as well as excluded documents that provided proof that there was no neglect, yet my case was still "indicated". I have proof. Are they still covered by immunity?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 1, 2020

If they were acting in their capacity at DSS it is unlikely that you can sue.

Q: Is mediation the best option for a pro se plaintiff in an employment discrimination case?

How, where and when can I request to be referred to medition?

V. Jonas Urba
V. Jonas Urba answered on Dec 18, 2019

Neither employer nor employee are forced to mediate. That process is voluntary.

However, employment lawsuits in federal court get scheduled for mediation. But going to mediation when an employer believes your claim is "no pay" will do little by itself.case.

Even during mediation,...
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