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New York Civil Rights Questions & Answers
2 Answers | Asked in Copyright, Intellectual Property, Civil Rights and Gov & Administrative Law for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 3, 2023

You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... Read more »

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1 Answer | Asked in Civil Rights, Landlord - Tenant and Libel & Slander for New York on
Q: I am looking for a lawyer for discrimination defamation and racism please 13206
Tim Akpinar
Tim Akpinar
answered on Jan 6, 2023

It might be difficult for attorneys here to reply to you. The format here is only basic Q & A - it doesn't work like an attorney referral service. The closest thing might be the tab above, "Find a Lawyer," which you could use to supplement your own searches. You could search... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: I am curious to what see gri would mean it is a phrase attached to one of my brothers charges under his bail/bond
Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

Dear Syracuse Relative:

If you did not do so ask your brother's attorney. Or, inquire from the court clerk. Sometimes clerks create data entry shortcuts that are for internal clerk's business only.

A similar question was asked at AVVO years ago and answered by a criminal...
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1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: what does “see gri” mean on my brothers charges it is located under his bail\bond amount. Also blv his bonds excessive.

His charges are burglary3 robbery 3 and petit larceny for stealing at rite aid he said. His bond is 25k cash 5k bail is that excessive for “shoplifting” and also under the burglary it states see gri under his bail/bond amount what would that mean. Also what if the officers wrote up his... Read more »

Steven Warren Smollens
Steven Warren Smollens
answered on Dec 23, 2022

Dear Syracuse Relative:

If you did not do so ask your brother's attorney. Or, inquire from the court clerk. Sometimes clerks create data entry shortcuts that are for internal clerk's business only.

1 Answer | Asked in Civil Rights for New York on
Q: Can I sue someone for taking my picture in a private space without my permission?

This person then proceeded to send the image to other individuals, again without my consent or permission.

Tim Akpinar
Tim Akpinar
answered on Dec 22, 2022

It's possible you could, from a textbook standpoint. But from a practical standpoint, law firms would ask about the extent of damages. As a possible intentional tort involving invasion of privacy, this is something that some personal injury firms might handle. Keep in mind that such a matter... Read more »

1 Answer | Asked in Civil Rights, Family Law and Civil Litigation for New York on
Q: Is there any way around the statue of limitation in a case of a civil lawsuit?

I want to proceed with a lawsuit against the fostercare agency which represented me during my youth for civil rights violations, financial fraud, as well as theft of services,& emotional psychological distress.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 11, 2022

A tort statute is typically three years, but that is not the issue. The issue is whether the asker has standing to sue as a plaintiff against a foster care apparatus that included a family court. The answer will be no.

America's government creates problems for which they enact...
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1 Answer | Asked in Military Law, Animal / Dog Law and Civil Rights for New York on
Q: can i get my dogs back if im a disabled veteran ptsd 70% and sign a surrender from due to lack of payment for treatment

My dogs contracted parvovirus no veterinarian in nyc would help me unless i had funds which i dont. i had to surrender the puppies to ACC (Animal control center) they had me sign surrender form and told me that i cant get them back because im surrendering them. which i get but these are my... Read more »

Benjamin Z. Katz
PREMIUM
Benjamin Z. Katz
answered on Nov 19, 2022

By surrendering them, you have no further legal claim. If they are being re-homed, you can apply to adopt them. However, your inability to provide for their medical needs in the past will likely be taken into account.

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: I need a civil attorney to represent me in a a lawsuit against CPS in New York State. Seems no one has the experience.
Tim Akpinar
Tim Akpinar
answered on Nov 8, 2022

It's difficult for someone here to respond to your request for an attorney. The format of this forum is more Q & A than attorney referral service. To supplement your own searches, you could try the tab above, "Find a Lawyer." Additionally, the New York State Bar Association has... Read more »

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 »

2 Answers | 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 »

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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 »

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