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New York Municipal Law Questions & Answers
1 Answer | Asked in Municipal Law for New York on
Q: My dad passed away 4 years ago leaving No Will. I just found out my dad's house is only in his name. Need help.

My dad resided in Las Piedras Puerto Rico

Tim Akpinar
Tim Akpinar answered on Aug 21, 2020

I'm sorry for the loss of your dad. This isn't really a municipal law matter. If you repost under Probate and Estate Planning, there would be better chances of your question being picked up by an attorney who could offer meaningful input. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Constitutional Law, Municipal Law and Public Benefits for New York on
Q: What are the laws regarding public speaking in a city like NYC?

Can any mass of people congregate in a public park, setup some speakers and listen to an orator speak about politics, for example? Is this protected by the right to peaceful assembly? I'm talking about non-pandemic times, btw. Thanks for any help provided.

Tim Akpinar
Tim Akpinar answered on Aug 8, 2020

This is something that a constitutional law scholar would know best. It sounds like you are touching upon the time, place, manner attributes of the First Amendment. It would be safest to contact agencies or offices within the City of New York to verify these guidelines - it's possible they... Read more »

2 Answers | Asked in Personal Injury, Real Estate Law and Municipal Law for New York on
Q: Is there a specific law stating fire departments are responsible for visitors on department property.

Doing research for a class project

Tim Akpinar
Tim Akpinar answered on Mar 9, 2020

It does not seem like something that would expressly be spelled out in any statute or code. But you should still research and check municipal codes and ordinances (including those written by FDNY) to be certain. If after diligently checking, you find no such provisions, you could consider including... Read more »

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1 Answer | Asked in Municipal Law for New York on
Q: I was traveling in Manhattan through subway and someone outside the gate told me he had an emergency.

I was traveling in Manhattan through subway and someone outside the gate told me he had an emergency and wanted me to open the emergency exit for him. I was unaware of his real goal and let him come in but then I realized this was wrong. No police or staff was in that station at that time and no... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 14, 2020

For the most meaningful analysis of your situation, a New York criminal defense attorney is really best suited to advise you; you could repost in that category. But as a practical matter in light of your awaiting an answer on this board with concern, you would have likely been stopped right then... Read more »

1 Answer | Asked in Gov & Administrative Law and Municipal Law for New York on
Q: Can a volunteer fire officer supervise career firefighters and career fire officers?
Tim Akpinar
Tim Akpinar answered on Dec 25, 2019

This sounds like something that an employment attorney might be more likely to know than attorneys in the posted categories - if there is a possibility the issue is addressed in a collective bargaining agreement or other employment-related contract. Municipal or administrative laws might not go... Read more »

1 Answer | Asked in Municipal Law for New York on
Q: Why are lawyers afraid to go up against local village issues concerning water/sewer charges?
Tim Akpinar
Tim Akpinar answered on Dec 6, 2019

It could be any number of reasons. One could be an issue of conflict, where if the lawyer represents anyone having any affiliation with the village, they don't want a conflict of interest, or at least the appearance of one. Another could be that if the lawyer has aspirations of handling work... Read more »

1 Answer | Asked in Municipal Law for New York on
Q: How can I find out if a lawyer is licenced in New York State
Michael Francis Barrett
Michael Francis Barrett answered on Nov 4, 2019

Visit the New York State Unified Court System website, and search the attorney directory.

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... 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...
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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....
Read more »

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... 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... 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 »

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