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2 Answers | Asked in Immigration Law for New York on
Q: Hi I haven’t provide the paystub of last six months with my i864 form rest all documents are perfect,is there problem
Kyndra L Mulder
Kyndra L Mulder answered on Oct 19, 2021

The reason to provide the paystubs is to show that you are still employed by the same employer. If you are not asked to produce them in an RFE, I suggest you bring most recent paystubs to your interview.

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1 Answer | Asked in Energy, Oil and Gas for New York on
Q: not sure how to proceed Rochester Gas & Electric has triple billed me with before the other bills were paid. total 955.

my energy bill is on auto pay they have not even waited for the payment before bill me again so far they have triple billed for a sum of $955.10 they did not take out the payment for September added October to that bill and now have add October to Novembers bill have called them and every time... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 19, 2021

This is more a Consumer Law matter than Energy, Oil & Gas, which involves leases, drilling rights, land use, and related issues. If you're not able to resolve this through their customer service and the cooperation of your bank/credit card, one option could be to contact the New York State... Read more »

1 Answer | Asked in Child Custody and Family Law for New York on
Q: If both mom and dads name are on birth certificate, what happens if mom runs away with child?
Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 18, 2021

If the parents aren't married, the father has to go to court to establish paternity. He can file for custody/visitation at the same time. The fact that the mom ran away without the father's permission or a court order could be held against her in the custody proceeding.

1 Answer | Asked in Traffic Tickets for New York on
Q: Can you get a ticket thrown out if they put the wrong license plates and your name isn’t on the ticket ?

I got a ticket for registration and inspection being expired. But the license plate number on the ticket is my old license plate from years ago. I don’t know how they got those plate numbers because it hasnt been my license plates for years. It’s not on my registration ticket. No I wasn’t... Read more »

Zev Goldstein
Zev Goldstein answered on Oct 17, 2021

So the ticket was issued to the car for being parked on the street? Could be the cop ran the vin number.

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: How to look up Equitable Estoppel Employment Cases that was successful in relation to plaintiff mental illness

Statue of limitations ran out but knew evidence has surface and plaintiffs want to file action against former employer, to reopen retirement pension fund

V. Jonas Urba
V. Jonas Urba answered on Oct 17, 2021

A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees.... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: My husband passed away unexpected and I am not listed on the credit union acct and I need to access the money.
Tim Akpinar
Tim Akpinar answered on Oct 17, 2021

I'm sorry for your loss, and that your question remains unanswered in your time of need. This is not my area of practice, but you could try reposting under Probate and Estate Planning if the credit union can't offer guidance in terms of beneficiaries/alternate beneficiaries. Attorneys in... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can a school district put you on unpaid leave without it being in contract for refusing Covid-19 weekly testing

We were given a letter this week to submit for weekly Covid-19 testing starting next week in we are unvaccinated. A few of us bus drivers are refusing for various reasons and concerns. We were told they would put us on unpaid leave for refusing. I read that they cannot do this if it's not in... Read more »

V. Jonas Urba
V. Jonas Urba answered on Oct 15, 2021

It's a public safety issue like wearing seat belts although you can't see the potentially deadly nature of the virus.

If you have a strongly held religious belief from a recognized religious group or organization speak with those authorities about an exemption. If your physician...
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1 Answer | Asked in Real Estate Law and Civil Litigation for New York on
Q: Can you sue someone who broke a contract on a private sale of a house.

They were to pay the mortgage, taxes and maintain property. DID not pay taxes for 4 years and this past year paid NO payments after being told they needed to get there own loan (was stated in agreement they would) or would need to move out. So they co tinued to live in house while not paying but... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 14, 2021

If you pay the fee you can sue anyone. Your issue is can you win, and that would be determined by the contract. The next issue is if you get a judgment can you collect it. That is another issue.

2 Answers | Asked in Business Law for New York on
Q: How do I transfer legal ownership of my business from me to someone else

Operating in NY

Michael David Siegel
Michael David Siegel answered on Oct 14, 2021

Depends how you own it now, and what deal you have struck for the transfer.

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2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Good afternoon, I would like to find representation for our daughter who attends a local school in Tompkins County.

She was physically attacked by another minor and another student recorded this incident. We have pressed charges on the subjects. I believe we are going to need some to be our representative, to make sure that the young lady gets more than one week's suspension and will no longer cause harm to... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 15, 2021

The decision to suspend your daughter's assailant (and how long to suspend her) is likely in the sole discretion of the school's principal / superintendent. Do not be surprised if you do not have any say in the matter. If the student who attacked your daughter had a history of such... Read more »

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1 Answer | Asked in Elder Law for New York on
Q: Is my sister committing elder abuse?

She has POA. She has sold some of our 91 yr old mom's property & given the $ to her daughter. She's giving Mom's house to her son & spending Mom's money to renovate it first. She leaves Mom alone for days with the same guy (42 yrs old & unmedicated bipolar) who... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Oct 13, 2021

It sounds like financial abuse at the very least. If Adult Protective Services are not responding, you can try your county’s District Attorney’s offices. Depending upon where you live, they may have a unit dedicated to elder abuse.

1 Answer | Asked in Medical Malpractice for New York on
Q: I was diagnosed 8 years ago with parkisnons have been on medication for 8 years. I recently had a brain scan.

A Datscan to be exact that states I do not have Parkinsons. Is this a malpractice case

Tim Akpinar
Tim Akpinar answered on Oct 13, 2021

This is something that would likely require a medical opinion and additional information regarding the original examination(s) and diagnostic tests made eight years ago. It could be difficult for an attorney to offer you a "yes" or "no" answer based on the brief information... Read more »

1 Answer | Asked in Legal Malpractice for New York on
Q: can you sue for malpractice when your were wrongly diagnosed 8 years ago
Tim Akpinar
Tim Akpinar answered on Oct 13, 2021

It could depend on a number of factors. The statute of limitations for medical malpractice in New York does have provisions that extend time based on a certain attributes, such as infancy, discovery of a condition, and others. Your question is framed concisely and doesn't outline many facts to... Read more »

1 Answer | Asked in Landlord - Tenant for New York on
Q: Can I sue in small claims court if my landlord doesn’t return the flooding assistance application back to me?

Due to hurricane Ida, our 3 bedroom basement apartment got flooded. Because of this we were forced to stay in a hotel for 2 nights, which the landlord agreed to discount from the rent. When we got back to the apt we noticed the walls were damaged, and so was our furniture. Because it’s a... Read more »

Elaine Shay
Elaine Shay answered on Oct 13, 2021

Small Claims Court can award monetary damages but does not have the authority to issue injunctive relief, which must be sought in NY Supreme Court.

1 Answer | Asked in Family Law and Child Custody for New York on
Q: Is it legal for a judge to continue a custody appearance if I wasn't assigned a lawyer yet?

There was a delay on me getting a lawyer assigned until the day of my appearance. The respondent had his lawyer. I stated that I need a lawyer right at the start but the judge let the other side talk bad about me for awhile and go on with the appearance.

Kimberly A. Van Wormer
Kimberly A. Van Wormer answered on Oct 12, 2021

Yes, it is legal. Hopefully, once you gain an attorney, he or she can address any prior misunderstandings that occurred at past court appearances when you were not represented by an attorney.

1 Answer | Asked in Criminal Law for New York on
Q: I’ve been on probation for over a year and I have not reported to probation in over a year

In the process I have another charge which was possession of marijuana I would like to turn myself in but I don’t know what the ramifications will be while I have been working and keep myself busy and out of trouble any suggestions I would like to put this behind me so that I can move on and be... Read more »

Kimberly A. Van Wormer
Kimberly A. Van Wormer answered on Oct 12, 2021

If you are on probation, have not been to probation in over a year, and have a new charge, it is highly recommended that you hire an attorney.

1 Answer | Asked in Health Care Law for New York on
Q: In NY if 3 children are named as agents on a Health care Proxy do all 3 have to agree on decisions or can 2 overrule?

none

V. Jonas Urba
V. Jonas Urba answered on Oct 11, 2021

The plain meaning of the language of any legal document applies. Was the document drafted clearly and unambiguously? Carefully examine the four corners of the document, meaning what language is used throughout the document. Hopefully yes and that answers your question.

If not, how will any...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: What do I do? What do I make of all this?

Mt landlord is selling his property after we have been renting for years. Over those years he has failed to do his duties as there is significant damage all over the house which includes molding, leaks, no heating other then a woodstove, the septic does not function properly as it fills with water,... Read more »

Elaine Shay
Elaine Shay answered on Oct 10, 2021

If you have not yet been served with a Termination Notice or Petition there is really nothing much to worry about as your landlord has not begun the necessary steps to force you to move. As a result of the Covid Pandemic if the landlord does serve you with a Termination Notice, he will also be... Read 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... Read more »

1 Answer | Asked in Real Estate Law and Business Law for New York on
Q: Do I have a case to get refunded for my Airbnb?

I was trapped in the building in NYC due to a busted lock on the only exit and had to call 911 to pry me out. Airbnb doesn’t want to refund me the cost of the stay. They want me to return to that building. Do I have a case to get refunded?

Elaine Shay
Elaine Shay answered on Oct 8, 2021

Most short-term rentals in NYC such as those offered through Airbnb are not legal. If you are agrieved by how Airbnb is handling your request for reimbursement, you may consider commencing a Small Claims case. However, Airbnb typically includes an arbitration requirement. Therefore, you should... Read more »

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