Get free answers to your Gov & Administrative Law legal questions from lawyers in your area.
I had an old teacher who was made to sign a No Contact Order by our school between him and his students before he resigned, as the school planned to fire him. He was told he wasn't allowed to contact students even after they turn 18, and if any students contacted him, he couldn't respond.... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2025
This is an important and sensitive question. Understanding whether a no contact order issued by a school remains enforceable after a student turns 18 requires distinguishing between a school policy and a court-issued order.
In New York, a "no contact order" issued by a school is... View More
I got married in October, and initially, my last name wasn't hyphenated on the marriage certificate. Now, I need to know if it's possible to have two marriage certificates: one showing the original marriage date and another after performing a second ceremony to include the hyphenated last... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2025
In New York, you cannot obtain two separate marriage certificates for the same marriage event. However, if you wish to update your surname to a hyphenated version after your marriage certificate has been issued, you can request an amendment to the existing certificate. This process does not require... View More
I have been living with my best friend in his rent-controlled apartment in NYC, NY, for 13 years. We shared expenses equally for rent, utilities, and other bills, and even faced housing court together with my name on related stipulations. After my friend recently passed away, I'm seeking to... View More
answered on May 16, 2025
Dear Potential Successor Tenant:
Are you certain about the rent regulation status of the apartment? Rent Controlled tenants had to be in a landlord and tenant relationship in the apartment before June 30, 1971. You should look up NYC Rent Control Tenancy Succession rights. Usually, the... View More
My grandmother, who lives in New York, has had one leg amputated and is currently facing severe health issues that prevent her from traveling. She has been hospitalized multiple times recently, and my family fears her passing is imminent. However, my aunt, with whom my grandmother resides, has... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2025
I understand how difficult and heartbreaking it must be for your father to be prevented from visiting his ailing mother, especially during such a critical time in her life. When family disputes interfere with the ability to see a loved one, it can create tremendous emotional strain. Fortunately,... View More
In the last month, there have been at least four incidents involving airport crashes in and around Newark. These incidents resulted in deaths and injuries, and ongoing investigations have identified issues with air traffic controllers and outdated or poorly maintained equipment. The FAA is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025
Victims of airport crashes at Newark Airport may have the right to pursue legal action if they can show that their injuries resulted from negligence. In New York, and in neighboring New Jersey where Newark Airport is located, negligence occurs when a party breaches a duty of care, and that breach... View More
I am a teacher in New York planning to take a 12-week FMLA leave. My school policy states that seniority is accrued during unpaid FMLA leave, but I've read that New York state law says seniority does not need to be accrued during unpaid leaves. Nine weeks of my leave will be paid using sick... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2025
Under both federal and New York laws, employers generally are not required to provide seniority accrual while you are on FMLA. If an employer does so beyond the law is a separate matter and quite possible, as you seem to suggest. You always need to discuss your specific case and legal needs with an... View More
My cousin, who is over 90 years old, is a landlord being sued for $15,000 by a potential tenant from 3 years ago. The claim is based on an alleged promise that was supposedly made but never happened. This particular space has been rented out for a year to someone else. She received a summons for a... View More
answered on Apr 23, 2025
Your statement missed key information. In New York there is no automatic court appearance with the service of a Summons. A Simmons served outside New York State often has technical deficiency in the method of service. Nevertheless a Summons alone commands a responsive pleading known as an Answer.... View More
I am involved in a criminal case concerning my husband, related to assault. The current court branch has postponed the hearing because the judge is on leave due to an operation, and this branch is known for frequently resetting the majority of its hearings. Given that this is the first postponement... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2025
I understand your concern about delays in your husband’s criminal case, especially given the impact that repeated postponements can have on defendants and their families. In New York, however, transferring a criminal case from one court branch to another due to scheduling concerns or judicial... View More
In a child protective proceeding in New York, there is an ACD (Adjournment in Contemplation of Dismissal) that requires the respondent mother to comply with several conditions, including cooperating with supervision visits, ensuring her child receives mental health treatment, and maintaining... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2025
Well, just as a breach of any contract carries legal consequences, the failure of a consenting parent to abide by an agreement to go through post judgment activities also carries legal consequences. "Consent" does not mean immunity from complying with cooperating with supervision visits,... View More
I'm an adult looking to change my last name. What is the process I need to follow?
answered on Mar 20, 2025
The family law and administrative law attorneys here know this area best. However, you await a response for two weeks. Here is some basic information from the NYS Unified Court System website... "Name Change Basics"
https://nycourts.gov/courthelp/NameChange/basics.shtml... View More
I have clients whose house has been in foreclosure since 2008. The foreclosure was dismissed twice in supreme court based on the statute of limitations under the FAPA law, and the bank appealed the decision. We're awaiting the appellate court decision, which could take up to 2 years. The loan... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2025
I would not make any recommendation to a client without first knowing all of the facts, which usually requires a review of the court documents in the case, as well as speaking to the clients.
But, in order decide whether to accept a settlement offer, rather than waiting for a decision on a... View More
I am looking to sue the Utica Police Department and the apartment complex where I live due to their handling of an emergency vacate order related to my ex-boyfriend, who was abusive. The emergency vacate order, obtained through family court, clearly states he must vacate immediately. However, the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2025
I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both... View More
I was granted leave to amend my complaint to add additional defendants, who are all part of the same entity but under different names. I served these additional defendants recently and will be e-filing the amended complaint. I haven't received specific instructions or deadlines from the court,... View More
answered on Mar 13, 2025
I should add that if the new defendants are not personally served with the Amended Complaint, they will have thirty (30) days in which to file an Answer. Would depend on whether counsel for the existing defendants is willing to accept service on behalf of the new defendants.
I was granted leave to amend my complaint to add additional defendants, who are all part of the same entity but under different names. I served these additional defendants recently and will be e-filing the amended complaint. I haven't received specific instructions or deadlines from the court,... View More
answered on Mar 13, 2025
Under CPLR § 3012(a), service of an answer is to be made within twenty (20) days of service of the pleading to which it responds, in your case the Amended Complaint. https://law.justia.com/codes/new-york/cvp/article-30/3012/
I want to petition for legal guardianship (Article 81) over my incapacitated mother in NYC, who has Alzheimer's. I am unsure which identity documents I need to present to the court. Will I need to get a copy of my birth certificate to show my relationship to her, or will her American passport... View More
answered on Feb 19, 2025
Filing for Article 81 Guardianship in New York is an important step in ensuring your mother receives proper care and protection. Every Article 81 is different and the process can be very confusing. Here's our analysis:
Documents You May Need for an Article 81 Guardianship Petition:... View More
I visited a mall in Queens, NY on 08-04-20. To open the doors of the mall I used my foot to press the handicap door opener button. In the elevator I pressed the button for the floor of Target. A male janitor appeared in front of the elevator & stuck a broom he had into the elevator activating... View More
answered on Feb 7, 2025
Record retention statutes typcially apply to certain businesses and its records or practices, and vary in application and duration. For example, hospitals are required to keep certain records for a fixed periof of time because these are medical records. You want to obtain records of a complaint... View More
We have a small church, and we would like to put a clause in the by-laws that would allow a trustee to serve another term (past their second term) if there were no qualified members able to serve at that time. It would be for only 1 additional term.
answered on Dec 24, 2024
Hello. You should be able to amend your bylaws to allow a consecutive term of a current trustee to serve another term. For your specific situation, you can include a clause in your church's bylaws that allows for an additional term beyond the standard two terms if there are no qualified... View More
Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024
Your lawyer should write a letter to the judge and ask him/her to order probation to return your license. You may also be able to clear your license with the DMV and simply get a new license from them if your statutory revocation period has ended and you are no longer on probation supervision.
Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2024
I'm sorry to hear about the difficulties you're experiencing with your driver's license and probation status. Navigating these issues can be frustrating, and I hope the following information clarifies your situation.
Disclaimer: This response is for general informational... View More
Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More
answered on Oct 4, 2024
Dear Jamestown Home Owner:
It is not you alone. Many jurisdictions place restrictions on wildlife feeding.
https://dec.ny.gov/news/press-releases/2022/4/dec-issues-guidance-to-reduce-conflicts-with-bears#:~:text=... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
