New York Questions & Answers

Q: My green card was expired while I visited my relatives in Honduras. I re-enter the USA with a visa.

1 Answer | Asked in Immigration Law for New York on
Answered on May 24, 2017

Permanent residents with expiring or lost green cards must file an I-90 application for replacement. According to the USCIS, the current processing time for I-90, Application to Replace Permanent Resident Card, is approximately 6 months. However, it has been reported that some I-90 applications are pending well beyond the 6 months. The USCIS Field Operations Office attributes the delay to the fact that the National Benefits Center is understaffed and unable to handle the volume of I-90...
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Q: I need to know if it is legal for a tenant to record conversation between me and prospective tenants.

1 Answer | Asked in Landlord - Tenant for New York on
Answered on May 24, 2017

Generally, that sounds fine, but it depends on the details. 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 website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: At what age can I marry in ny and can I sue someone over the age of 18 for threatening me cause I'm 15.

1 Answer | Asked in Family Law, Domestic Violence, Criminal Law and Personal Injury for New York on
Answered on May 24, 2017

Sex with a minor is illegal. Marriage with a minor requires parental and court approval. 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 website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce...
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Q: If a mechanic broke other parts during service of a wheel bearing, am I required to pay? I live in NY.

1 Answer | Asked in Consumer Law for New York on
Answered on May 24, 2017

He'd typically be liable to pay for the damage. 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 website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: can the city zone way all new residential development in a sensitive area without it being a taking?

1 Answer | Asked in Land Use & Zoning for New York on
Answered on May 24, 2017

It might be considered a taking, and then there'd be a right to just compensation for the landowner. 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 website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: If I report that someone has a gun. The police make the arrest because he has the gun, do I know have to go to court?

2 Answers | Asked in Criminal Law for New York on
Answered on May 24, 2017

You may need to go to court if the case goes to hearings or trial. However, if a plea bargain is worked out ahead of that, you probably will not need to go to court.
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Q: Any idea on ticket cost for 501B2A and 501B2B in NY Sate?

1 Answer | Asked in Traffic Tickets for New York on
Answered on May 24, 2017

I'm not sure you cited the correct statute / violation number. Please feel free to email me privately with a copy of the summons(es) you received and I'd be happy to figure out the penalties (fines, points, any possibility of imprisonment).
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Q: I live in a house in brooklyn i rent 1/3 of the house ground floor when the house is sold how long before i must leave

2 Answers | Asked in Real Estate Law and Landlord - Tenant for New York on
Answered on May 23, 2017

Assuming that the house is "legal", if you have a lease you are entitled to stay until the end of the term of your lease. Whether or not the house is sold, you must be served a 30 days' notice to terminate the tenancy if you do not have a written lease. If you stay beyond the termination of the lease then the owner must serve a Notice of Petition and Petition which will state a court date. Before you may be evicted the owner must obtain a judgment of possession and warrant of eviction. Once...
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Q: What can happen if I decide not to pay the co-pay to a doctor that lied to me about a biopsy New York, NY | May 22, 20

1 Answer | Asked in Medical Malpractice for New York on
Answered on May 23, 2017

Not necessarily evil--could just be cautious. If you went to a visit then he can get the copay.
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Q: Can owner of project demand me to credit part of job based on payment schedule G703 form.

1 Answer | Asked in Business Law, Contracts, Construction Law and Government Contracts for New York on
Answered on May 23, 2017

The short answer is that you have to carefully look at the contract and scrutinize the obligations each of you have. The long answer begins with "it depends..." Basically the rules of contract law will government, when there is a breach each side has a duty to mitigate damages / losses. Inadequate or shoddy workmanship does qualify as performance on a contract and therefore doesn't obligate the other party to pay.
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Q: New York: Does a foreclosure attach to a property or previous owner?

2 Answers | Asked in Real Estate Law for New York on
Answered on May 23, 2017

As taxes are a senior lien, the tax sale will foreclose out the mortgage, meaning the bidder at the sale gets clean title. However, a careful review of the tax foreclosure must be made to be sure that the mortgage holder was named as a defendant in the suit.
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Q: Is my 1987 car be too old to be considered under the NY state Used car lemon laws?

1 Answer | Asked in Consumer Law for New York on
Answered on May 23, 2017

The advice you got was correct. A 30 year old car is not covered.
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Q: NYS Bankruptcy-Would a case be flagged for abuse on chp7 while just over annual means test, but DI is $20 or less/month?

1 Answer | Asked in Bankruptcy for New York on
Answered on May 23, 2017

This is your second post on this. Use a lawyer. You are not doing the means test correctly, and hurting yourself in the process.
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Q: chap 7 bankruptcy NYS- Over the median income but do they consider the support obligation which deducts 20k from income.

2 Answers | Asked in Bankruptcy for New York on
Answered on May 23, 2017

To answer your direct question, support obligations are deducted from income. There is a line on the form for that. In the dozens of cases I have filed, I have only one time not been able to fill out the form in a way someone cannot qualify for Chapter 7.
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Q: NYS Family Law. As an attorney-in- fact can I file motions and represent a person in arbitration hearings.???

1 Answer | Asked in Family Law for New York on
Answered on May 23, 2017

An attorney-at-law can represent others. An attorney-in-fact (i.e., via a POA) can hire an attorney-at-law for the beneficiary of the POA. 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 website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of...
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Q: My husband was just arrested on a parole warrant in NYS.

1 Answer | Asked in Criminal Law for New York on
Answered on May 22, 2017

It depends on the facts. 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 website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: My step daughter is sixteen years old and was dating a seventeen year old female. Can I file a restraining order

1 Answer | Asked in Criminal Law for New York on
Answered on May 22, 2017

Sex with a minor is a crime. 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 website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: My son is being profiled and slandered by other students and their parents, is there something legally that can be done

2 Answers | Asked in Libel & Slander and Personal Injury for New York on
Answered on May 22, 2017

You can complain to the school about the bullying. You can report threats against a minor to the police, and you may be able to sue for defamation and threats of violence. 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 website, www.AEesq.com. I practice law in CA, NY, MA,...
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Q: I live in North Carolina I want custody of my daughter which lives in New York Orange County what do I do

1 Answer | Asked in Child Custody for New York on
Answered on May 22, 2017

You can report child abuse/ neglect to CPS and the police, and you can file for custody/ visits via family court. 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 website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: If someone poisoned your toddler daughter, and it documented. How long do you have to press charges?

1 Answer | Asked in Criminal Law and Child Custody for New York on
Answered on May 22, 2017

Crimes should be reported to the police asap. You can report child abuse/ neglect by a parent to CPS and the police. You can request custody and visits via family court. 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 website, www.AEesq.com. I practice law in CA, NY, MA, and...
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