New York Questions & Answers

Q: Recently, my mother was turned down for SSI because of alimony, but is completely disabled.

1 Answer | Asked in Social Security for New York on
Answered on Jan 23, 2019
Cristina M. Lipan's answer
She may be able to file SSD against ex husband's credits. She would not be eligible for SSI if she has income or more than $2000 in assets, regardless of severity of the medical conditions.

https://www.nolo.com/legal-encyclopedia/social-security-dependents-benefits-spouses-disability-recipients.html

Q: Looking for a pro bono lawyer to assist me with patent questions regarding an algorithm and technology we are building.

1 Answer | Asked in Copyright and Patents (Intellectual Property) for New York on
Answered on Jan 22, 2019
Peter D. Mlynek's answer
I am sorry, but you are going to have a tough time finding someone good to do pro bono work in patent law. Unless you are a church, a non-profit group, or some charitable organization, pro bono patent work is pretty much non-existent. The reason is that unlike in criminal law, patents are a business tool designed to make money -- if you are not willing to invest your money in order to get advice to make you money, why should the lawyer?

If you want free advice, then most patent...

Q: Is destroying someone's property a crime?

1 Answer | Asked in Criminal Law for New York on
Answered on Jan 22, 2019
Kristen Epifania's answer
Yes, an individual can be arrested and prosecuted for Criminal Mischief, which is a class A misdemeanor in New York. This can have significant consequences, including potential jail time, though each case varies.

Q: My friend was arrested and is being charged with harassing a police investigation she was indicted what are the penaltie

1 Answer | Asked in Criminal Law for New York on
Answered on Jan 22, 2019
Kristen Epifania's answer
Your friend should contact a criminal defense attorney immediately to discuss the details of her case. It is unclear what the exact charges are, but if there is an indictment then she is facing a felony charge which can have serious consequences. An attorney can go over her specific case details to give her a better understanding of what she is facing.

Q: How many days before a trial does my ex have to produce his witness and subpoena list

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
The judge typically provides those deadlines via court orders well in advance of the trial, e.g., at the pre-trial conference. 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/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following...

Q: I was molested as a child im 29 now is there anything i can do about the person who molested me after all theas years

1 Answer | Asked in Criminal Law and Sexual Harassment for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
See: http://www.ncsl.org/research/human-services/state-civil-statutes-of-limitations-in-child-sexua.aspx. Apart from statutes of limitations in such issues, evidence is particularly tricky after such a long time, particularly in sex abuse cases. Also see: http://www.waer.org/post/nys-group-pushing-vote-bill-allow-child-sex-assault-victims-sue-years-after-crimes - You might want to work with the group pushing for such statutory changes. Also, therapy can be helpful.

More details are...

Q: can card game ideas be patented?

1 Answer | Asked in Intellectual Property for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
You may need to first consider whether you need a copyright, patent, and/or trademark, as a card game can conceivably involve different types of intellectual property rights. It's crucial to ensure you've done your research on similar products to determine whether you are violating any others' IP rights, as well. 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,...

Q: You dream it, we build it Can I use this for my construction company as a slogan?

1 Answer | Asked in Business Law and Construction Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Assuming you don't violate any Intellectual Property rights if others have copyrighted this phrase, and assuming you don't falsely advertise your services and note clearly in contracts and on your website that this slogan is not a literal promise, it might be a useful slogan. 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,...

Q: Ex wife hasn't paid child custody & maintenance last 2 mos. Can I file contempt myself without lawyer successfully?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
Nobody can offer you predictions. Have you considered hiring a lawyer via limited scope representation? If that too is not affordable, then you may want to spend ample time at your local law library researching how to proceed with your action. The NY Courts website also has some forms and self help resources. 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...

Q: How does my husband go about getting a pro bono appeals lawyer?

1 Answer | Asked in Appeals / Appellate Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
You can search the internet or contact the NYC Bar Assoc for referrals to legal aid organizations and criminal justice innocence projects that offer criminal defense appeals work. 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/ publications on my law practice website, www.AliEsq.com. I...

Q: What if a 17 year old threatens a 15 year old at school and the school does nothing?

1 Answer | Asked in Juvenile Law for New York on
Answered on Jan 22, 2019
Ali Shahrestani, Esq.'s answer
The 15 year old child (or the parents thereof) can report the matter to the police as assault (i.e., threat of battery), and the parents can file a complaint against the school. The parents of the 17 year old might also be sued for civil assault for the torts of their minor child. 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,...

Q: What restrictions are there for Employment based Green Card holder to additionally invest into Stocks or Real Estate?

1 Answer | Asked in Employment Law, Real Estate Law and Immigration Law for New York on
Answered on Jan 22, 2019
Kelli Y Allen's answer
From an immigration law standpoint, as long as you are not doing anything to earn the income, you're fine. So you can own property, invest in stocks, etc. but you can't be "working".

Q: I have an issue where my license was taken(by my older brother) and used, where he received a traffic ticket. Options?

1 Answer | Asked in Traffic Tickets for New York on
Answered on Jan 20, 2019
Zev Goldstein's answer
The tickets are in your name, so you need to appear in court (probably better off with a lawyer) to argue that it wasn't you. You should be able to provide an alibi for the date and time in question?

Q: What is the law number that allow exemption in households

4 Answers | Asked in Bankruptcy for New York on
Answered on Jan 19, 2019
Karra Kingston's answer
I’m not really sure what you are asking. I advise that you sit and speak with an attorney.

Q: How can I get domestic violence charges dropped

2 Answers | Asked in Criminal Law and Domestic Violence for New York on
Answered on Jan 18, 2019
Michael Arbeit's answer
Most cases can't be prosecuted without the complaining witness (you). So, if you really do not want to pursue it, do not sign the supporting deposition. If you already did that, do not show up in court or speak with the ADA again.

Q: PARK ‘N FLY is US Service Mark registered Does the following in any way unlawful “www.bestparkandflydeals.com”

1 Answer | Asked in Business Law for New York on
Answered on Jan 18, 2019
Barry Eran Janay's answer
Good question, probably belongs in the Trademarks category since Trademarks and Servicemarks are the same set of rules. Your question would boil down to whether an objective consumer would be confused by the domain, if they would be then it would potentially be an infringement. That said, a good attorney (I'm not one to brag ;) would be able to poke many holes in any claim that it was infringing, but like a good magician doesn't give away his secrets...

Q: do safety first stove knob covers have a patent? Thanks

1 Answer | Asked in Patents (Intellectual Property) for New York on
Answered on Jan 18, 2019
Kevin E. Flynn's answer
Here are some tips on doing your own patent searching. http://bit.ly/Patent_Searching You may want to augment this effort with hiring a patent attorney to do some additional checking.

I hope that this helps.

Kevin E Flynn

Q: Does sweat equity count when there is a call to capital?

1 Answer | Asked in Business Formation for New York on
Answered on Jan 17, 2019
Michael David Siegel's answer
It depends on the formation documents. If this is an LLC it is the operating agreement. If a corporation it is the shareholders agreement.

Q: Can I use a child custody final orders as a proof of separation for my citizenship application?

1 Answer | Asked in Immigration Law for New York on
Answered on Jan 16, 2019
Kelli Y Allen's answer
Yes you could, but you typically do not have to provide proof of separation as part of a naturalization application.

Q: what is the form to file a private property patent claim on my land?

1 Answer | Asked in Patents (Intellectual Property) for New York on
Answered on Jan 15, 2019
Kevin E. Flynn's answer
I am sorry, your question was sent out to people that seek patents for inventors. You need to submit this question under the category of real property.

I hope this helps.

Kevin E Flynn

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