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New York Civil Rights Questions & Answers
2 Answers | Asked in Civil Rights, Child Custody and Family Law for New York on
Q: ADA rights for blind mom in Cty court requesting braille documents
James L. Arrasmith
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answered on Jan 28, 2024

In a custody case involving a blind mother in New York State, it's important to consider the Americans with Disabilities Act (ADA) if there are concerns about discrimination based on her disability. The ADA ensures equal rights and opportunities for people with disabilities, including in legal... View More

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2 Answers | Asked in Civil Rights, Child Custody and Family Law for New York on
Q: In nys custody case with blind mom, do I need to talk to about violation of ADA rights for a disabled person.
James L. Arrasmith
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answered on Jan 28, 2024

In a custody case involving a blind mother in New York State, it's important to consider the Americans with Disabilities Act (ADA) if there are concerns about discrimination based on her disability. The ADA ensures equal rights and opportunities for people with disabilities, including in legal... View More

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2 Answers | Asked in Civil Rights, Child Custody and Family Law for New York on
Q: In nys custody case with blind mom, do I need to talk to about violation of ADA rights for a disabled person.
Tim Akpinar
Tim Akpinar
answered on Jan 28, 2024

I'm sorry for the disabled person's ordeal. Until you are able to consult with an attorney who specializes in ADA rights, here is a link to the website of the New York State Unified Court System that could hopefully be a starting point - ADA Accommodation Request Process -... View More

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1 Answer | Asked in Child Custody, Civil Rights, Communications Law and Family Law for New York on
Q: Blind mom in custody case in Wayne county family court, NY. Requested to have documents brailled.

Like court orders, letters, etc. 2 years into case and still no accommodations. Court said they aren’t responsible

James L. Arrasmith
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answered on Jan 28, 2024

In your situation, it's important to know that federal law, specifically the Americans with Disabilities Act (ADA), requires courts to provide reasonable accommodations to individuals with disabilities, including those who are blind. This often includes making documents available in Braille or... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Social Security for New York on
Q: Can a police officer ask for my social security number? The reason is that the system shows an overlap insurance.

He said i could be arrested because it’s considered a misdemeanor so i had to provide him with my social security number after he had my license and everything he needed.

James L. Arrasmith
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answered on Jan 26, 2024

No, a police officer typically cannot and should not ask for your social security number in a situation like this.

A few key points:

- There is no requirement for citizens to provide their SSN to a police officer who has already verified their identity through other means like a...
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2 Answers | Asked in Civil Rights, Constitutional Law, Employment Law and Landlord - Tenant for New York on
Q: I am employed and housed by my employer as a manager in upstate New York Jefferson county. I have privacy concerns

I work on property on site and live in a separate dwelling on site. I have concerns of audio being listened in on any particular camera at any time at two separate company properties and I have concerns of my private Internet traffic being stalked by the employer as well. I am finding difficulty... View More

James L. Arrasmith
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answered on Jan 21, 2024

It's understandable that you have privacy concerns given your unique situation of living and working on your employer's property in Jefferson County, New York. In the United States, employees do have certain rights when it comes to privacy in the workplace.

Firstly, you should be...
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2 Answers | Asked in Civil Rights, Constitutional Law, Employment Law and Landlord - Tenant for New York on
Q: I am employed and housed by my employer as a manager in upstate New York Jefferson county. I have privacy concerns

I work on property on site and live in a separate dwelling on site. I have concerns of audio being listened in on any particular camera at any time at two separate company properties and I have concerns of my private Internet traffic being stalked by the employer as well. I am finding difficulty... View More

Tim Akpinar
Tim Akpinar
answered on Jan 26, 2024

If it's their wi-fi/router, provided for work purposes, it's possible they may assert control over that traffic with no expectation of privacy. If it's your network equipment and connections, that could be yours, but even those settings can be subject to employer control, based on... View More

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2 Answers | Asked in Civil Rights and Landlord - Tenant for New York on
Q: How many times can you enter and exit your apartment and at what times of the day?

Neighbors think I go out too much.

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 15, 2024

Dear Brooklyn Tenant:

The NY State Legislature, the New York City Council, and your lease do not control how often a tenant uses the apartment door to enter or leave the apartment or the time of day. Slamming a door on the way in or out is annoying to neighbors, but there is also no law for that.

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2 Answers | Asked in Civil Rights and Landlord - Tenant for New York on
Q: How many times can you enter and exit your apartment and at what times of the day?

Neighbors think I go out too much.

James L. Arrasmith
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answered on Jan 15, 2024

In New York, as in most places in the United States, there are no legal restrictions on how many times you can enter or exit your own apartment. Your right to freely come and go from your residence is part of your basic rights as a tenant or homeowner.

The concerns of your neighbors, while...
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2 Answers | Asked in Criminal Law and Civil Rights for New York on
Q: I was caught shoplifting at Sephora with my friend. Do i need to pay the $500 fine?

I was caught shoplifting at Sephora with my friend. We were arrested. My friend and I did community service hours instead of going to court and our case got closed and dismissed. We still got a letter in the mail, a fine of $500 from Sephora. Do my friend and I have to pay for it? We don’t have... View More

James L. Arrasmith
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answered on Jan 13, 2024

If you received a letter demanding payment of a fine from Sephora after your criminal case was closed and dismissed, this is likely a civil demand. Retailers like Sephora can issue civil demands to shoplifters, separate from any criminal charges, seeking compensation for their losses and additional... View More

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1 Answer | Asked in Civil Rights for New York on
Q: Trying to find a civil lawyer for being raped during my divorce by my spouse in 2012.

Was scared for my children and myself and couldn’t report it to police.

James L. Arrasmith
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answered on Jan 4, 2024

Finding a civil lawyer for a case involving a serious matter like rape, even during a divorce, is a significant step in seeking justice and closure. It's understandable that you were scared for your children and yourself, which made it difficult to report the incident at the time.

In...
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1 Answer | Asked in Criminal Law, Tax Law, Civil Rights and Federal Crimes for New York on
Q: What rights for I have to sue the SSA FOR SEVERE SADISTICALLY MOTIVATED HARASSMENT, AND THE ILLEGAL REMOVAL OF MY Job?

Removed my job, removed my payback to them stating that I didn't? I just got done paying them back! Massachusetts sent letters to NEW YORK STATE TEMP & DISABILITY OFFICE WHO HAS NOW STARTED HARASSING ME DENYING ME MY BASIC HUMAN RIGHTS TO SAFE SHELTER. WATER? IM A WHISTLE-BLOWER MASS... View More

James L. Arrasmith
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answered on Dec 25, 2023

Your situation sounds incredibly challenging and distressing. If you believe you are experiencing harassment and illegal actions by the Social Security Administration (SSA) or any other entity, it's important to take action to protect your rights.

Firstly, consider documenting all...
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1 Answer | Asked in Civil Rights, Employment Discrimination, Landlord - Tenant and Libel & Slander for New York on
Q: Hello, In Holt v Baird Baird died in 2021. Isn't this online reference used to slander and discrimination in future jobs

Why are cases allowed to be published when #1 Defendant is dead. #2 Cases are dismissed? Employers use online information to determine hiring statuses. This is not fair, if someone wants to know my legal dealings, go to the courthouse and file FOIL. Am I correct?

Tim Akpinar
Tim Akpinar
answered on Dec 18, 2023

You're correct. It can be unfair and harmful in job searches. Unfortunately, court orders, decisions, and other documents often become public information, appearing either in the Unified Court System online database or on commercial search databases such as Westlaw, LexisNexis, or Pacer. You... View More

Q: I was in a dv situation where I had to relocate and leave my home. Rochester housing authority didn’t recognize my dv

Section 8 refused to allow me to move and I had to return to Rochester and pay my landlord to let me move and keep my section 8. My landlord even attempted to sue me for late fees while I was staying with family hiding from my abuser. Also the fire investigation department and the RPD did nothing... View More

James L. Arrasmith
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answered on Dec 7, 2023

In situations involving domestic violence (DV) and housing, there are legal protections in place, but navigating them can be complex. Under federal law, the Violence Against Women Act (VAWA) offers certain protections for victims of DV living in federally assisted housing, which includes Section 8... View More

2 Answers | Asked in Civil Rights, Landlord - Tenant and Municipal Law for New York on
Q: What can thet plaintiff do if the sheriff of NYC put forth impossible conditions on the plaintiff to stall the eviction

The impossible condition is compelling the plaintiff to require a 60 day prepaid receipt for storage, from a ‘LICENCED’ storage company in the borough of LIC, failing which the warrant of execution won’t be executed. No storage company is prepared to provide a storage receipt or estimate... View More

James L. Arrasmith
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answered on Dec 5, 2023

In this situation, where the sheriff of NYC has set conditions for eviction that appear to be impractical or impossible to meet, there are a few steps that can be taken.

First, it would be advisable to document all your attempts to comply with the sheriff's requirements, including...
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2 Answers | Asked in Civil Rights, Landlord - Tenant and Municipal Law for New York on
Q: What can thet plaintiff do if the sheriff of NYC put forth impossible conditions on the plaintiff to stall the eviction

The impossible condition is compelling the plaintiff to require a 60 day prepaid receipt for storage, from a ‘LICENCED’ storage company in the borough of LIC, failing which the warrant of execution won’t be executed. No storage company is prepared to provide a storage receipt or estimate... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 6, 2023

Dear Brooklyn Landlord:

I guess that is one of the problems with using the NYC Sheriff [https://www.nyc.gov/site/finance/about/bios/anthony-miranda.page] instead of using an NYC Marshal. The NYC Marshal's rules for conducting eviction are contained within The Marshal's Handbook,...
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1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Communications Law for New York on
Q: I was in a private meeting with my staff and she recorded our conversation. I was terminated for saying something bad.

My staff recorded me without my knowledge and it was used it to terminate me. I said something inappropriate and was used to terminate me. Is this lawful, can I sue my employee?

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Dec 4, 2023

New York is a one-party consent state meaning that you can record conversations if you're physically in the state and are a party to the conversation or if you have permission from one of the parties in the conversation. If neither of the parties to the conversation have consented then it is a... View More

3 Answers | Asked in Civil Rights, Communications Law and Health Care Law for New York on
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below

Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child

James L. Arrasmith
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answered on Nov 28, 2023

I'm sorry to hear about your challenging situation. It's important to approach this issue with a clear understanding of the legal aspects and practical considerations involved. Here are some points to consider:

Standard of Care in Healthcare: In healthcare law, the focus is often...
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3 Answers | Asked in Civil Rights, Communications Law and Health Care Law for New York on
Q: I have a new born child and the doctor's are being inconsiderate for his health by making me bring him out in 20 below

Weather i told them they need to be consistent of my child and think about this weather and how there making us bring him out in this weather every other day this is upsetting can i sue these people for being inconsiderate of my child

Tim Akpinar
Tim Akpinar
answered on Nov 27, 2023

No, you would not be able to sue the doctors for being inconsiderate. They are probably choosing to be thorough in wanting to see the baby, and understand the implications for themselves of not arranging exams that could be necessary to observe a given situation. You could express your concern to... View More

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1 Answer | Asked in Civil Rights for New York on
Q: My ex wife is tracking shipments to my new address with the "shop app" how do I make it stop? Can I sue the app

It's violating my privacy and has basically told her where I now live

James L. Arrasmith
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answered on Nov 25, 2023

If your ex-wife is using the "Shop app" to track shipments to your new address, it's important to address this privacy concern. Firstly, contact the app's customer service to explain the situation and request that they stop sharing your shipping information. They may have... View More

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