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New York Municipal Law Questions & Answers
1 Answer | Asked in Immigration Law and Municipal Law for New York on
Q: Can I as a non-us citizen, bring a victorinox multitool with a knife into NYC?

I'm going to a scout camp in WV, and want to bring my victorinox (swiss army knife). We're flying to New York LGA. Therefore i was wondering if i'd be allowed to bring it?

Leonard R. Boyer
Leonard R. Boyer answered on Jul 9, 2019

NO that is not legal at all, especially flying into an airport. I really do not know what you thinking.

2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Municipal Law for New York on
Q: My husband's mother passed away and did not have a will. What will happen to her home? There is no mortgage owed.

The home is located in San Juan, PR. If there is no will, can my husband legally inherit the home? Or will it have to be sold? What happens then?

Elaine Shay
Elaine Shay answered on Jun 4, 2019

If your mother-in-law passed away while residing in New York State, your husband should be eligible to commence a proceeding to Surrogate's Court called an Administration. The share of the Estate your husband would be entitled to would depend upon whether his mother was married at the time that... Read more »

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1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Defense and Municipal Law for New York on
Q: If an individual travereses on frozen water, do they do so at their own risk?

New York State: A number of discussions on traversing on frozen water exist. The DEC discusses safety issues for recreation users like anglers. The Parks and Recreation statutes discuss the use of snowmobiles. The NYS Snowmobile association discusses training, risks, and safety measures that a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

First, don't put you email up ---ask Justia to take it down.

I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement...
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1 Answer | Asked in Real Estate Law and Municipal Law for New York on
Q: city owned home that I have filed a notice of claim against due to damage caused to my home has been sold

I live next door to what was a city owned home that I had filed a notice of claim against due to damage caused to my home from the foundation crumbling, causing a shared walkway to pull away from my home, causing tens of thousands of dollars in damage to my homes foundation. The city has since sold... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 21, 2018

The notice of claim is not a lien. You have no claim against the new owner or property. Your money claim against the city survives but must timely be turned into a lawsuit.

1 Answer | Asked in Employment Law, Gov & Administrative Law and Municipal Law for New York on
Q: Why aren't public unions covered under the LMRDA?
V. Jonas Urba
V. Jonas Urba answered on Aug 31, 2018

I think the more important question is how long might labor unions continue to exist in the form we knew them to be?

A big part of society seems to be rebelling against laws and rules. Sort of like the "let those who ride decide" movement opposing motorcycle helmets years ago.

There...
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1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant, Libel & Slander and Municipal Law for New York on
Q: My neighbor has verbally threatened to make false child abuse allegations because I made a complaint abt her dog.

We rent a condo in NYC (since July 2016). The landlord is amazing and we have had no problems whatsoever….until new tenants moved upstairs (both condos are owned by my landlord). Long story short they have a dog that barks uncontrollably when left alone. These tenants work all day so this... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 18, 2017

You can report the noise to the police and the landlord. If they defame you, you can sue for that. 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,... Read more »

1 Answer | Asked in Municipal Law for New York on
Q: Will I have to pay the fine on the day of the court day for my pink summons?

I received a pink summons for being on a rooftop in the Bronx. I have never been in any kind of criminal trouble in my life, and I honestly didn't know it was illegal to be on a friends buildings rooftop. The arresting officer told me she'll give me the benefit of doubt and just file it as... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 14, 2017

You may choose to pay the fine, if you want. 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/... Read more »

1 Answer | Asked in Education Law and Municipal Law for New York on
Q: Can a person hold positions as both a firefighter/police officer, and a member of a school board?

Re: NYS Education Law Section 2103-a

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 9, 2017

I see no reason why not. More details are necessary to provide a professional analysis of your issue. 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... Read more »

1 Answer | Asked in Criminal Law and Municipal Law for New York on
Q: Is it legal in New York City to be nude on private property?

My friend has an apartment in Manhattan with a backyard. We were wondering if there is anything illegal about us sunbathing nude or just in general being naked in her backyard?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 8, 2017

It depends on what is visible to neighbors or passersby, of course. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for New York on
Q: Can my local town force me to put my electric service wires underground
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 27, 2017

Yes, based on various public utilities and construction laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Family Law, International Law, Juvenile Law and Municipal Law for New York on
Q: I am 17 and joined a semi porn site (18-up.) Met a guy and in confidentiality told him I was 17 almost 18.

We sent dildos. (Never naked pics) And I wrote him a colorful story (sex story.) Eventually, I tell him I'm uncomfortable and need space. So he gets the staff involved and they said they want to track my ip, let me parents aware, and take legal action. What do I do? And he's crazy. What could I be... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 8, 2017

You may have violated the Terms of Use of the site, which may be considered fraud and breach of contract. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,... Read more »

1 Answer | Asked in Municipal Law for New York on
Q: Chapter 605, Laws of the State of New York of 1959, Section 103-A of the General Municipal Law need info
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 8, 2017

I see no question here. More details are necessary to provide a professional analysis of your issue. 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... Read more »

1 Answer | Asked in Municipal Law and Public Benefits for New York on
Q: Is it illegal to live alone in New York City without a source of income?

I am a disabled citizen

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 31, 2017

I've heard of no such law. 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, and DC in the following areas of law:... Read more »

1 Answer | Asked in Municipal Law for New York on
Q: Can a mayor be appointed if position is available in a current term

Mayor given appinted by board members

Barry Eran Janay
Barry Eran Janay answered on Jan 26, 2017

Depends on the town / municipality's election and office holder laws, certainly someone can be appointed as an interim mayor of there is a vacancy.

1 Answer | Asked in Election Law and Municipal Law for New York on
Q: what is the number of signatures needed to petition to go for referendum at a local village, regarding a proposed law
Peter N. Munsing
Peter N. Munsing answered on Aug 23, 2016

Check with your local village's charter or similar document, contact local league of women voters.

1 Answer | Asked in Gov & Administrative Law, Personal Injury and Municipal Law for New York on
Q: What happens when you file a lawsuit against the city and they don't respond

If you file against a case against the city and they don't answer the complaint does that means I can not sue does? If I don't get a 50 H hearing and a civil suit and the other family did does that means I have no suit and they do?

Adam Studnicki
Adam Studnicki answered on Nov 14, 2015

Not clear what you're asking in the details. Normally, in civil cases, if a defendant doesn't answer a properly-filed and served complaint, the plaintiff can file for a default judgment. Best to consult with a local lawyer about your matter.

Please Take Notice: I am not your lawyer unless...
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1 Answer | Asked in Municipal Law for New York on
Q: I was injured when I fell on a city sidewalk but I was unaware of the notice of claim requirement. Can I still sue?
Mark A. Siesel
Mark A. Siesel answered on Jul 22, 2011

You would have to submit a motion to file a late notice of claim, which naturally will be strongly opposed by the attorneys representing the City. Whether you will win this motion depends on several factors, including whether the City can prove that they were "prejudiced by the delay" (if a police... Read more »

1 Answer | Asked in Municipal Law for New York on
Q: I want to sue for malicious prosecution now that I was found not guilty. What is my time frame?
Mark A. Siesel
Mark A. Siesel answered on Jul 19, 2011

You must file and serve a notice of claim, (generally within 90 days) and must file and serve a complaint within one year of a determination that you were not guilty of the crime or violation.

1 Answer | Asked in Municipal Law for New York on
Q: What is the statute of limitations for an injury claim against the sanitation department?

My car was struck by a town sanitation truck, I hurt my knes, and now I need surgery.

Mark A. Siesel
Mark A. Siesel answered on Jul 9, 2011

You have one year and ninety days from the date of an accident to sue a town, village, city or one of it's departments. More importantly, though, you must make sure to file a notice of claim against the town, the sanitation department and the driver of the truck within 90 (ninety) days of the... Read more »

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