New York Questions & Answers

Q: petite larceny at 20yrs old plead no contest now 27yrs old will that show for fingerprinting in refrence child care job

1 Answer | Asked in Criminal Law and Employment Law for New York on
Answered on Mar 30, 2017

Call the court to find out if your records were sealed, even if they say "Yes" there's still a chance that the prints will show up in the FBI database.
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Q: If someone died n left money for u in an estate can u authorize the withdrawal or transfer to b in someone else's name

2 Answers | Asked in Estate Planning and Family Law for New York on
Answered on Mar 30, 2017

You can take your distribution in any manner the executor is willing to do it, as a matter of probate law. When you say "client", if you are a lawyer there are rules that apply. Also, no one based on your post can say what internal rules govern your job.
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Q: Can I include a closely partnered business into my non-compete agreement?

3 Answers | Asked in Business Law for New York on
Answered on Mar 30, 2017

Yes, you can. The issue on non-compete agreements is the hardship to the employee. It must be narrowly tailored to the needs of the business.
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Q: Do I have to sign this contract?

1 Answer | Asked in Contracts for New York on
Answered on Mar 29, 2017

Unless the bird is titled in some way, like a pedigree for a dog, I see no reason to sign anything at this point.
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Q: Friend renting from me (no lease) will not leave. Can I take away his cable box (that I pay for) & change the Wifi PW?

2 Answers | Asked in Criminal Law and Landlord - Tenant for New York on
Answered on Mar 29, 2017

Yes. Get ready for a fight.
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Q: Looking for the law that states when a petitioner fails to appear that the judge must dismiss the case

1 Answer | Asked in Civil Litigation and Family Law for New York on
Answered on Mar 29, 2017

It's called "dismissal for want of prosecution" under the Civil Practice Law and Rules (Supreme Court) that is Section 3216. Article 8 of the Family Court Act allows this as well.
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Q: I am wondering what I would need to provide, to start and support a wrongful death suit against a medical institution

1 Answer | Asked in Wrongful Death for New York on
Answered on Mar 29, 2017

Kids need an attorney. Medica records too. However usually the hospital wants to see estate papers. Contact a member of the NY State Trial Lawyers Assn--they give free consults.
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Q: My daughter, 15, suffered a concussion as a result of, what must be some kind of code violation by a local restaurant.

1 Answer | Asked in Personal Injury for New York on
Answered on Mar 29, 2017

Contact a member of the NYState TRial Lawyers Assn--they give free consults.
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Q: My parents are deceased, they had land in Tusten County, NY. No will. How can I transfer the DEED?

2 Answers | Asked in Real Estate Law for New York on
Answered on Mar 29, 2017

Apply to the Probate court for Letters of Administration, once you are appointed as the Administrator they will issue letters of administration and you can transfer the property and execute the deed.
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Q: My farthers long time girlfriend (over 40y) passed away. How can I find out if she left me anything from her family?

2 Answers | Asked in Estate Planning and Family Law for New York on
Answered on Mar 29, 2017

File a petition in Probate court.
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Q: I called the college at Brockport 2 months ago and asked them if my fiancé could be exempt from having to live on campus

1 Answer | Asked in Consumer Law, Contracts and Education Law for New York on
Answered on Mar 29, 2017

Do you have anything in writing from them saying that they would allow it?
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Q: I received a speeding ticket in Albany NY 81 in a 55 I live in NJ 3 hours away from the court Should I plead not guilty?

1 Answer | Asked in Traffic Tickets for New York on
Answered on Mar 28, 2017

Yes you should plead not guilty and hire a lawyer to represent you. The ticket when it comes back to New Jersey will come back as two points.
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Q: I received a ticket for not signaling off highway which I did. The ticket Saids my car is tan when my car is gray

1 Answer | Asked in Traffic Tickets for New York on
Answered on Mar 27, 2017

You're in some deep Doo Doo.
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Q: Father now deceased was the administrator of my mother's estate. My father remarried but I'm looking to become

1 Answer | Asked in Probate for New York on
Answered on Mar 27, 2017

This is not a problem. You have to bring a special proceeding called a "CTA". Call a lawyer to help.
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Q: Can senior homecare company in NY hire independent contractors to work in client homes? Isn't this illegal in NY?

2 Answers | Asked in Employment Law for New York on
Answered on Mar 27, 2017

NY has enacted something called the Domestic Workers’ Bill of Rights, among other provisions, this law gives domestic workers:

The right to overtime pay at time-and-a-half after 40 hours of work in a week, or 44 hours for workers who live in their employer’s home;

A day of rest (24 hours) every seven days, or overtime pay if they agree to work on that day;

Three paid days of rest each year after one year of work for the same employer; and

Protection under New...
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Q: No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same

1 Answer | Asked in Contracts for New York on
Answered on Mar 27, 2017

It's a general ("boilerplate") waiver clause basically saying that waiver of one default is not tantamount to waiver of any other defaults, past or present. What's the context? 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. I practice law in CA, NY, MA, and DC in...
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Q: Order to vacate (Custody order) judgement and restore to calenda

1 Answer | Asked in Child Custody for New York on
Answered on Mar 27, 2017

Hire a divorce lawyer or seek self-help resources at your local law library or on the NY Courts website. You may want to file a motion for advance attorney fees to have your husband pay for your ability to hire a lawyer, if you were married and he was supporting you. 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...
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Q: As a U.S. Citizen am I allowed to display this patch on the dashboard of my car in support of the United States Marshals

1 Answer | Asked in Traffic Tickets for New York on
Answered on Mar 27, 2017

That may be pushing into criminal territory, i.e., posing as a US Marshal. 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. 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: I won a default judgment in small claims and he won't pay. He says he's seeking a lawyer. Can he sue me back?

1 Answer | Asked in Small Claims for New York on
Answered on Mar 27, 2017

Sue you for what, for winning the case against him? See: https://www.nycourts.gov/courthelp/AfterCourt/collection.shtml

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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
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Q: Removing son in law from Geice car insurance

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Consumer Law for New York on
Answered on Mar 27, 2017

Review your situation and insurance contract with a lawyer. 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. 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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