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New York Civil Rights Questions & Answers
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... Read more »

1 Answer | Asked in Legal Malpractice, Criminal Law, Personal Injury and Civil Rights for New York on
Q: Why is it so difficult to get a lawyer/attorney to respond to us or to get legal advice? We are paying customers.

The situation involves illegal sedation of a disabled person in a group home with evidence, and neglect/abuse with evidence. The group home agency has failed to correct the situation or address the situation appropriately on so many levels it's mind-blowing. We also want to sue for... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

I'm sorry for your family's ordeal. Although this site doesn't operate like a lawyer referral service, the closest feature here is the Find-a-Lawyer tab above. You could use it to supplement searches you've already conducted. There's also a Lawyer Referral resource with the... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Sexual Harassment for New York on
Q: Can somebody tell me some ideas for how i can get retribution because this is scandalous and im literally going through

The following transaction was entered on 8/30/2022 at 4:28 PM EDT and filed on 8/30/2022

Case Name: DAVIS v. CHESTER CROZER HOSPITAL et al

Case Number: 2:21-cv-05035-CMR

Filer:

WARNING: CASE CLOSED on 06/03/2022

Document Number: 22

Docket Text:... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2022

Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Court may dismiss a case if it determines that your Complaint, accepting every allegation as true, "fails to state a claim on which relief may be granted." In layman's terms, it means the Court is dismissing your case because the facts... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Can I sue a city or a state for a civil rights violation, or a prosecutor?

The case is a minor traffic accident. The prosecutor filed charges based on here say. They know the witness, keeps lying to everyone about what happened, and have done nothing. And the prosecutor, attached somebody else’s juvenile record to my file. Because we’re both Hispanic, and have the... Read more »

Michael Arbeit
Michael Arbeit
answered on Sep 1, 2022

What county and courthouse is the case pending at? What are you being charged with? Consult with an experienced criminal defense attorney for proper representation immediately.

1 Answer | Asked in Family Law, Child Support, Civil Rights and Communications Law for New York on
Q: How can I get a court order to have visitation to my siblings?

I don’t live with my siblings anymore and a court ordered me to live with my dad and my mother won’t let me see them is there a way I can get a court to make my mother have to let me visit my siblings?

Sandra M. Colatosti
Sandra M. Colatosti
answered on Aug 30, 2022

Your father could file a petition on your behalf or if you’re 18 you could file a petition

1 Answer | Asked in Civil Rights for New York on
Q: can i reguest attorney if i cant afford one in a human right matter
Tim Akpinar
Tim Akpinar
answered on Aug 2, 2022

There are attorneys in the human rights field who would know this best, but you await a response for two weeks. Until you find one, for now you try could searching for attorneys who handle human rights cases on a pro bono basis. You could also check with legal aid societies, bar associations, and... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Landlord - Tenant for New York on
Q: What shall I do?

I am considering to take a legal action against my tenants on 1st floor in my rental house (legal 2-family) due to tenants behaviors as follows:

- Repeatedly using my private garage without my permission;

- Repeatedly opening my private letters, and sealed them back;

-... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Jul 25, 2022

If your tenants do not have the protection of an unexpired current lease and are not rent regulated, you may commence a holdover proceeding to recover possession of the apartment. Strongly recommend retaining an experienced landlord/tenant attorney to assist you with the process.

1 Answer | Asked in Civil Rights for New York on
Q: What can I do about racial and disability based discrimination at an Ivy League graduate program?

I am a graduate student of color and have a disability. I was recently withdrawn by my graduate program. I experienced both racial and disability based discrimination at the university which both impacted my academic progress. I was never provided support or an accommodation despite reporting... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 23, 2022

One option could be to reach out to attorneys to learn if your matter falls under the Americans with Disabilities Act (ADA), or other applicable federal and state laws. The ADA was enacted to prohibit discrimination based on disability. Good luck

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: I got arrested 132 days ago I've pled not guilty. How does the speedy trial law affect my case if at all?

all? Pled not guilty and I'm awaiting a motion date from my lawyer.

Stuart Austin
Stuart Austin
answered on Jun 7, 2022

Speedy trial is only applicable when your attorney does not consent to adjournments and requests the ADA to take the time until the next court appearance. If your attorney has consented to any of the adjournments for strategic reasons these days would be excluded from the speedy trial calculation.... Read more »

1 Answer | Asked in Child Custody, Civil Litigation and Civil Rights for New York on
Q: How do I proved that the party is represented by the attorney from the last case in this case for Declaratory judgment

If only the attorney was served with the summons with notice

Michael David Siegel
Michael David Siegel
answered on May 9, 2022

You cannot serve a summons on an attorney for a new case unless service is accepted in a document filed with the court.

1 Answer | Asked in Civil Rights, Consumer Law, Personal Injury and Civil Litigation for New York on
Q: What is the legal process for pre action discovery via order to show cause?

I want to identify a defendant via order to show cause with an affidavit of support. Do I need a petition? If so, do I need to buy an index number? Can use the same index number in a lawsuit after the order to show in the same matter? Or do I have to buy a new index number?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 28, 2022

Yes, you will need to file a petition (for which you will need to purchase an index number) and move by Order to Show Cause for pre-action discovery (which can only be used to identify a defendant - not to find out if you actually have a viable case). You CANNOT use the same index number in the... Read more »

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Insurance Defense and Civil Rights for New York on
Q: Can a health care provider accept insurance based on merit of the patient?

A dentist office accepts my current insurance. But make me pay full price, bills my insurance separately then sends me a check for less than 50% of what I payed when my insurance covers 80% of the total visit. They also only make some people who have the same insurance pay. So if you and I both had... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 11, 2022

It could be difficult to speculate why a dental or medical office would apply different billing protocols. As a convenience to the patient, some offices do not bill patients but instead, have them complete paperwork enabling their billing staff or contractor to bill on patient's behalf. When... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: Can a person be discriminated because of their religion at their place of employment.
Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Feb 4, 2022

It is unlawful to discriminate against an employee based on their religion under both federal, NY and NJ discrimination law. You should consult with an employment attorney to discuss your matter further and get advice on how to address this.

1 Answer | Asked in Civil Litigation, Civil Rights, Employment Discrimination and Legal Malpractice for New York on
Q: Do I have a case for false arrest & maliceous Prosecution?I was accused of commiting a crime and it got dimissed on 3030

I was accused of stealing a phone on my job on 9/11/2021.I got arrested for a felony Grand theft. When I went to count it got downgraded to mismenandor two counts(one for Petit Larceny and Criminal Possession of stolen property). I was offered a restitution to dismissal at the Arrangement and the... Read more »

Roy Warner
Roy Warner
answered on Jan 15, 2022

Depends on who made the criminal complaint, and whether it was false and done with malice. Any lawyer you consult will need far more facts that you have provided.

3 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin
answered on Jan 17, 2022

I don't ever file a dismissal of an employment law claim brought by my client before the settlement is paid. The settlement agreement should have language discussing a procedure for you agreeing to withdraw within a certain amount of time after getting paid. If you did not have a lawyer when... Read more »

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2 Answers | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for New York on
Q: My grandson was placed with me. School principal came out told me I was no longer allowed to drop him off at the school.

School principal said I was no longer allowed to drop grandson off at school. It's a cps case he was placed with me due to mothers drug addiction. He has been in this school since beginning. No idea where his mother is at. I am not enrolling him where I live keeping him in school hes been in.... Read more »

Michael David Siegel
Michael David Siegel
answered on Jan 5, 2022

Because he is no longer a resident of the school district. If his formal address is with you, he must switch to your neighborhood school.

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1 Answer | Asked in Child Support, Civil Rights, Constitutional Law and Public Benefits for New York on
Q: Sorry not an american by birth or anything and I have stayed 15years here in united state have no legal papers
Tim Akpinar
Tim Akpinar
answered on Nov 29, 2021

Your post covers a number of categories but it remains open - maybe because a specific question is not included. But it looks like something that an immigration attorney could have insight into. If that's the case, one option is to repost and include Immigration Law as a category; another is... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Identity Theft for New York on
Q: I got money stolen as well from Coinbase can I join this class action lawsuit?
Derek John Soltis
Derek John Soltis
answered on Nov 19, 2021

Hello,

You should talk to an attorney to go over the facts of your case. You need to explain how and who stole your money. Basically, why Coinbase is at fault for your loss?

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can i sue if for excessive force if i get an acd or do i need a straight dismissal

I went to pick up an order of protection that was on me the sheriff told me i had to fo to a beooklyn precint and handed me the oop i then told him i spoke with an officer the day of the occurrence he slammed his handcuffs on me causing me to bleed i told him he hurt me and he squeezed harder on... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 8, 2021

You can sue the police officer for excessive force regardless of whether the criminal complaint against you is dismissed or adjourned in contemplation of dismissal. One has nothing to do with the other. Here's an article I found online which you might find useful.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: How to look up Equitable Estoppel Employment Cases that was successful in relation to plaintiff mental illness

Statue of limitations ran out but knew evidence has surface and plaintiffs want to file action against former employer, to reopen retirement pension fund

V. Jonas Urba
V. Jonas Urba
answered on Oct 17, 2021

A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees.... Read more »

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