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New York Questions & Answers
1 Answer | Asked in Contracts and Business Formation for New York on
Q: Can I open my llc (I am a psychotherapist) in New York with a P.O. Box address from UPS?

I am a licensed LCSW. I want to start a private practice. I am trying to form an LLC for my business. Can I use the postal address that UPS provided me (which is a street address) as my address for starting this LLC, or do I need a physical address? I will not be conducting in-person therapy,... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 3, 2021

What most people do is use the physical address of the UPS Store, and call your box number your "suite". Just work it out with the owner to put that mail in your box.

1 Answer | Asked in Trademark for New York on
Q: Can I use this words "Buffalo Bills" on a postcard? I don't see it listed in the list of items.
Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 3, 2021

Probably not

Consult with an attorney to understand your risks

1 Answer | Asked in Estate Planning for New York on
Q: I have some estate matters that my siblings and I have to address as it pertains to our father. The situation is comple.

In short, our father passed away in 2012 and 2-3 years after his death step mother created an estate to collect a settlement from a lawsuit. She fraudulently claimed in this estate filing that my father had no children. She is currently being prosecuted by the Brooklyn DA's office. We are... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Aug 3, 2021

If the Will has already been probated, one of you can apply to be substituted as the Executor.

1 Answer | Asked in Banking and Probate for New York on
Q: Person not participating in inheritance procedures.

My brother refuses to be involved in signing papers needed regarding my fathers estate. My mother’s bank accounts are frozen and they have a house in PR. Also my father sold his car to his brother in PR before dying but no title was signed my brother refuses to sign an affidavit giving up his... Read more »

Elaine Shay
Elaine Shay answered on Aug 2, 2021

If a required family member will not sign waivers, the party seeking to file the Petition for Probate or Administration will be required to seek the service of Citations from the Court.

1 Answer | Asked in Social Security for New York on
Q: i need help with filing the application for ssdi. are there any around clinton county new york that can help?
Tim Akpinar
Tim Akpinar answered on Aug 2, 2021

Look toward the top of this page. You'll see linked text, "Find-a-Lawyer." Click that and you'll get a page with three columns of practice areas. Toward the bottom of the third column, you'll see linked text, "Social Security Disability." Click that and then... Read more »

1 Answer | Asked in Real Estate Law for New York on
Q: The spelling of my husband’s first name is different on his most recent driver’s license than on our mortgage documents

My husband and I are very close to our closing date. His whole life, my husband has spelled his first name differently than the way it’s spelled on his birth certificate. It is spelled with a “G” on everything (taxes, expired passport, credit cards, utilities, diplomas, expired driver’s... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 2, 2021

Whatever the bank wants once you disclose this information.

1 Answer | Asked in Employment Law for New York on
Q: I need advice on a Form Invention Assignment Agreement before signing.

I'm starting a new job and they want me to sign an Invention Assignment Agreement. A lot of the document legalese goes clean over my head but the wording is intimidating and makes it sound like I won't own anything I create, regardless of the Inventions ties to the company itself. I want... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 1, 2021

An employment attorney should advise here, but your question remains open for three weeks. At this point, you could reach out to employment attorneys to discuss. The format of this Q & A board is quick general questions, and it could be difficult for an attorney to offer meaningful guidance... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: NYS- Do I have to settle a liability claim in 3 years or I lose my rights? (struck by car in a crosswalk while on a bike

I was technically at fault due to being on a bike. Woman driving the car was messing with radio making a left hand turn. Insurance adjustor is pressuring me to settle tonight or I'll get nothing because tomorrow is 3 years.

Follow-up questions: Police report places blame on me... Read more »

Charles Edward Green
Charles Edward Green answered on Jul 31, 2021

I should have added, being on a bike does NOT “make you technically at fault”. A vehicle making a left turn is required to yield right of way to pedestrians and bicyclists. I have no idea how the accident happened, but that too is something to discuss with an attorney.

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2 Answers | Asked in Trademark for New York on
Q: Need a lawyer to stop companies from using my trademark
Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 30, 2021

Send a cease and desist

Consult with an attorney

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1 Answer | Asked in Car Accidents, Federal Crimes and Wrongful Death for New York on
Q: Will i go to jail if i pass a crosswalk sign that told me to stop when the traffic light told the car to go?

I wanted to know if i would go to jail if the crosswalk sign said to stop and i passed but the traffic light told the car to go almost hitting me. I dont know if this makes any sense...

Peter N. Munsing
Peter N. Munsing answered on Jul 30, 2021

No one goes to jail for most traffic offenses (other than leaving the scene or reckless driving in some states).

If someone is in the crosswalk traffic has to stop. If no one is in it and traffic has a green light they may proceed.

1 Answer | Asked in Workers' Compensation for New York on
Q: Insurance while on workmen’s comp

My wife has a medical insurance thru her job that covers all the members of our family. If she is currently on workmen’s comp due to her work related injury, do the rest of our family continue to have medical coverage? Or does it stops while she is on workmen’s comp? Thanks in advance

Tim Akpinar
Tim Akpinar answered on Jul 29, 2021

She should check with her workers' comp attorney and your family's private insurance carrier to be certain, but your question remains open for almost a week. Under normal circumstances, your family's private insurance coverage should not be suspended as a result of a workers'... Read more »

2 Answers | Asked in Criminal Law for New York on
Q: , how can I change an independent attorney that is NOT serving him/her

I have a case in criminal court,it's been in court since January 2019, the ADA has NOT been ready at any of my proceedings and my independent attorney is NOT acting with MY BEST INTEREST. WANT TO CHANGE ATTORNEYS, HOW AND WHAT DO I DO?

Stuart Austin
Stuart Austin answered on Jul 28, 2021

I am not sure what you mean by an independent attorney. If you have retained him, you may simply fire him and hire a new attorney. You should be able to recover the unused portion of your retainer fee if there is one. If your attorney was assigned by the court, you will need to document the... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Federal Crimes for New York on
Q: How can I file a suit on tom aini and the hornell police sheriff's dept state police and the city hall brian schu lawyer

I have evidence in drug activity corruption harassment sexual harassment I all listed above and a few other officials in the city

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 28, 2021

If you wish to report corruption involving local and state elected officials, you should report the matter to the Office of the Comptroller, https://www.osc.state.ny.us/investigations , which is charged with fighting corruption. You do not have legal standing to file suit on such matters. As for... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: Can you help me to get back my bitcoin from scammer?

Hello,

I invested bitcoin in the TCPRO Company. They promised to return my funds after 45 days. But, they are scammers and blocked me on Telegram. Their website is tcpro.co and the address is New York based on the website.

Can you help me to get back my funds?

Regards,

Luigi Vigliotti
Luigi Vigliotti answered on Jul 28, 2021

You should contact law enforcement to report this crime. Most attorneys that are on this forum that practice criminal law are defense lawyers. In other words, we represent those charged with crimes. Since you appear to be the victim of a crime, you should contact law enforcement. If the... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I RECIEVED A APPEARANCE TICKET FOR CPW 4TH 265.01.01 FOR A BILLY CLUB WOODEN STICK FOUND IN CAR. WILL I BE REMANDED OR R

2 TIME PREVIOUS CONVICTED FELON. WILL THIS CHARGE BR BUMPED UP TO A D FELONY BECAUSE OF PRIOR CONVICTIONS? WILL I BE REMANDED OR REQUIRE A BAIL

Luigi Vigliotti
Luigi Vigliotti answered on Jul 28, 2021

You ask a good question. Because of your previous conviction, it may very well be upgraded to a felony under PL 265.02(1), CPW 3rd Degree, a class D felony. As to whether bail will be set or whether you will be remanded, I don't believe this is a bail qualifying offense even when upgraded.... Read more »

1 Answer | Asked in Child Custody, Child Support, Juvenile Law and Family Law for New York on
Q: Girlfriend left me. Left her teen behind. No guardian.I have no income. Teen's Dad long gone. CPS won't return calls.
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 27, 2021

You need to call the CPS hotline in Albany and make a report of a teen with no parents and no support. They have to send someone out within 48 hours to check on the situation and make a determination.

2 Answers | Asked in Traffic Tickets for New York on
Q: My drivers license was suspended due to lapse of insurance but my name was never on the registration or the insurance
Toshinori Isoai
Toshinori Isoai answered on Jul 27, 2021

I recommend you check if you have previously owned a vehicle, contact the DMV for details and review your NY abstract (which can be obtained online instantly).

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1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: How much can I expect to pay a lawyer to be my agent under a durable power of attorney for finances?

What is a typical payment arrangement? I assume no payment is necessary until the agent actually begins carrying out his duties. Is the payment arrangement something that should be spelled out in the power of attorney document?

Gary Lane
Gary Lane answered on Jul 27, 2021

Do not use an attorney. No reason to spend that money. Anyone you trust who has reasonable acumen, can perform the task. If you wish to pay anyone, yes, be sue to spell it out.

1 Answer | Asked in Child Support for New York on
Q: Can I get a lawyer to investigate my case for child support? I feel like I been paying 20+ years with not solution.

I been paying child support for over 20+ years in arrears and paid off New York in 2 years 30,000. Now Massachusetts is saying I owe them 32000 which not only they take from my check every two week but they take my income taxes i feel like forever and when I look in child support acct it never goes... Read more »

Howard E. Knispel
Howard E. Knispel answered on Jul 26, 2021

New York is a big state. What county is the case in? Where does the mother live?

2 Answers | Asked in Immigration Law, Employment Law, Civil Rights and Employment Discrimination for New York on
Q: My job asked me to share my college transcripts & diplomas to submit to U.S. immigration to help a new hire get a visa.

I work in NYC, at will, salaried. My employer requested that I share my diploma and transcripts so that they can share them with immigration officials to help a new hire get a work visa. My employer did not indicate that the request was optional. Can they legally request that? Can they share my... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jul 26, 2021

The USCIS has gotten extremely obnoxious to employers for H1-b visa applications. The unrighteous restrictions placed upon lawful non-immigrant/immigrant employment visa applicants smothers the U.S. economy due to bigotry and ignorance. They used to allow 200,000 H1b visas in the 1990s, but it... Read more »

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