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New York Military Law Questions & Answers
1 Answer | Asked in Military Law and Probate for New York on
Q: What can I do? Is it too late ? How to file myself?are there contingency lawyers or pro bono lawyer for this kind case?

My dad died 2019 of lung cancer his ex wife remarried him 6months before he died with a mentally handicapped kid as witness after knowing he had lung cancer took new truck car whatever he had left and gave nothing to me or brother or grandkids I was too upset how things went down to deal w things... View More

Aaron Mark Pack
Aaron Mark Pack
answered on Jul 12, 2023

I'm sorry for the loss of your father. We lose our elderly Veterans population at a depressing rate.

I would bounce this question off of a family lawyer and maybe a probate lawyer in the jurisdiction where they were allegedly married and where he died.

There are so many moving...
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1 Answer | Asked in Employment Law and Military Law for New York on
Q: There isn't a water fountain or a water receptacle available where I work. There is only the bathroom faucet.

I am a resident of NY State and work on a military base. Is it legal to have only a bathroom faucet available? There is not a kitchen in this facility to access drinking water.

Peter J. Weinman
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answered on May 12, 2023

OSHA's sanitation standard, 29 CFR 1910.141, requires the provision of drinking water at workplaces. They do not specifically mandate the form in which that water is provided (they do not specifically require a water fountain). As long as the water provided is potable and sanitary, the... View More

2 Answers | Asked in Immigration Law, Gov & Administrative Law and Military Law for New York on
Q: Do I need to sign up for Selective Service if I plan to move out of the U.S?

I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

In the United States, almost all male U.S. citizens and male immigrants residing in the U.S. who are 18 through 25 years old are required to register with the Selective Service System. This includes U.S. born and naturalized citizens, parolees, undocumented immigrants, legal permanent residents,... View More

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2 Answers | Asked in Immigration Law, Gov & Administrative Law and Military Law for New York on
Q: Do I need to sign up for Selective Service if I plan to move out of the U.S?

I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high... View More

James L. Arrasmith
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answered on May 16, 2023

If you are a male and a permanent resident or citizen of the United States, you are generally required to register for Selective Service within 30 days of turning 18 years old. This requirement applies regardless of your future plans to move out of the United States permanently. However, if you... View More

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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... View More

Benjamin Z. Katz
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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.

Q: Can my company commander (army) deny me leave for a explicit doctors note for my wife.

My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks.

James L. Arrasmith
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answered on Dec 1, 2023

In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency,... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Military Law and Municipal Law for New York on
Q: I am active duty station at Fort Drum. Do I have to report to jusry duty in Mississippi?

I am active duty Army station at Fort Drum, New York. My residence is back in Carriere, MS on the Hancock County side. Is there any exemptment for soldiers stationed away from home? If so, what will I need to do to let the court know?

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2021

There are military law attorneys on this forum who have experience with such matters, and they could answer best. But your post remains open for a day, and it is probably best to take some form of action without further delay. You could show the notice to your commanding officer and request their... View More

1 Answer | Asked in Civil Rights, Landlord - Tenant and Military Law for New York on
Q: How can I get this issue resolved and keep the apartment ?

My friends mother passed away he spoke about keeping the apartment but nothing was finalized since he had to go to the army. Building knew we were moving in and always greeted us even came to fix things in the apartment but no one told us that we couldn’t be here. Today my boyfriend goes to... View More

Sabra M. Janko
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answered on Mar 10, 2021

It sounds like this may be an inheritance issue. It depends on what the will says. The fact that you are living there will not be relevant if he does not own the apartment. He may be able to assume payments if the will provides for that.

2 Answers | Asked in Employment Law and Military Law for New York on
Q: Do I have to provide my LES to my civilian employer after each drill?

I’m in the national guard. I’ve always submitted my orders and a “did preform” letter from my unit signed by my rediness NCO but now my employer wants my LES.

Derek John Soltis
Derek John Soltis
answered on Nov 27, 2018

Sometimes you just go along to get along. When you say "....now my employer wants my LES." It may be someone new in HR that has no clue as to what is needed, but they used to this at their old company, or it may be that they now were given a directive from above by someone else that read... View More

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1 Answer | Asked in Employment Law, Health Care Law and Military Law for New York on
Q: I just found out I have asthma and I have been in the army for 4 years.

Just found out I have asthma after being in the army for 4 years. Prior to the military I was in perfect health and passed all health exams with flying colors. I want to know what i have to do to get out of the military and get my benefits/disability for this, without the rundown on them trying to... View More

V. Jonas Urba
V. Jonas Urba
answered on Sep 18, 2018

Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?

What does your doctor say?

What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims -...
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1 Answer | Asked in Divorce and Military Law for New York on
Q: My spouse is at training for military, is there a special procedure for divorce or is an uncontested divorce okay?

We were married in December 2011 and have been separated, not legally, for a long time and I have been asking for a divorce since 2015. We have a child together, he does not help me financially, he has been in training since September 2017 and I am currently unemployed. I live with my boyfriend and... View More

Christine Moccia
Christine Moccia
answered on Feb 6, 2018

Special procedure for service on a member of the military. Consult a matrimonial attorney.

1 Answer | Asked in Criminal Law and Military Law for New York on
Q: I was in the stockade for six months of hard labor,does this time served go on your record as AWOL?
Lee A. Koch
Lee A. Koch
answered on Oct 10, 2017

If you were sentenced to the stockade for six months, then you weren't AWOL. Your duty was to be in the stockade.

1 Answer | Asked in Family Law and Military Law for New York on
Q: What is the punishment for knowingly collecting bah for being married when the marriage is fraudulent in the Army?

Someone got married to a woman who had previously been married. At least three years ago, he knew that she had her cousin forge her ex-husband's signature on the divorce papers. He still was considered married to her and still collected around two years of BAH, knowing the marriage was fraudulent.

Patrick Korody
Patrick Korody
answered on Aug 23, 2017

This is a unique question - fraudulent marriages are normally marriages that, at the time the marriage occurred, were done with the intent to wrongfully obtain certain benefits, like BAH. It sounds like the marriage was legit and not for the purpose of stealing BAH, so the intent would be absent,... View More

2 Answers | Asked in Military Law for New York on
Q: my husband has been arrested for desertion for the second time and is facing court martil what should i do ?
Ali Shahrestani,
Ali Shahrestani,
answered on Jul 25, 2017

He should hire an attorney to defend him. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More

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1 Answer | Asked in Military Law for New York on
Q: What happens when one military is replaced with a new law? Which law is binding in my compensation claim ?

I am claiming service connection for methadone dependence and the old law states that because of drug abuse it was non service connected. The new law 38 CFR 3.301(c)(2)(3) suggests that it can be service connected ?

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Mar 23, 2017

The answer is as follows:

"The law that was in place at the time the cause of action arose shall be binding, even if said law was modified or overturned during the course of the lawsuit." (the public/legislative policy behind this is that one should not be held responsible for...
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1 Answer | Asked in Animal / Dog Law, Civil Rights, Landlord - Tenant and Military Law for New York on
Q: What's the NY law for veterans, accompanied by EmotionalSupport Animals(dog) staying hotels, rooms, housing,Airbnb

I'm medically retired US Army veteran and am accompanied by a 10lbs Maltese dog as an ESA by doc recommendation. Been rejected by hotels. Now having hard time finding a hotel or Airbnb room(until I find a place to live) in New York.

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 23, 2017

See: https://www.thelpa.com/NYservice_animals_brochure.pdf

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,...
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1 Answer | Asked in Divorce and Military Law for New York on
Q: My ex-wife is taking me to court for CS increase.We only have 2 kids can they count my VA Dis of 7 kids in amount?

I understand that they can count VA Disability in CS calculations. But I am 40% disabled. I receive $699 for wife and 1 Child. and $32 for each additional child. I am remarried with a total of 7 children and only two kids with the ex-wife. Will they use the income of 891 for all my kids and... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 20, 2017

NY child support cases consider all your income and expenses in making orders. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in... View More

1 Answer | Asked in Military Law for New York on
Q: Im in the Army, does my SGT have any right to keep my car keys from me?

They have my keys because I was pulled over on post, I did not receive any citations or wasn't charged with anything they gave me a warning. I have not signed any paperwork agreeing to him having my keys. I am not restricted to drive on post, received any Article 15, UCMJ action, or even a... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 31, 2015

Why ? There must be some reason. Perhaps you should go see a military lawyer about this.

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