New York Questions & Answers by Practice Area
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New York Questions & Answers
Q: Can I not ask back an hourly employee for next year?
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
New York
on
Answered on Mar 18, 2019
Answered on Mar 18, 2019
V. Jonas Urba's answer
Employment at will is the law unless:
An employer violates a union contract or a private employment contract or an employee has vested civil service rights (the employee works for the government or might be funded with government funds).
If you receive government monies you definitely should retain or consult an employment lawyer.
Have any contracts which may apply reviewed before firing anyone. Consult legal regardless before making termination decisions to be safe.
Employment at will is the law unless:
An employer violates a union contract or a private employment contract or an employee has vested civil service rights (the employee works for the government or might be funded with government funds).
If you receive government monies you definitely should retain or consult an employment lawyer.
Have any contracts which may apply reviewed before firing anyone. Consult legal regardless before making termination decisions to be safe.
Q: Ticket for 4-03A1, but there were no pedestrians. I failed to yield right of way for car on opposite side. Can I plea?
Zev Goldstein's answer
You can plead 'not guilty' and either go to trial yourself, or hire an attorney to represent you at the trial. The likelihood of success depends on which borough of NYC it occurred in.
Feel free to reach out to us directly with any other questions.
Hayim Rose
Paralegal
The Law Offices of Zev Goldstein, PLLC
Office: 845-371-8457
Fax: 845-371-5441
ZevGoldsteinLaw.com
https://www.trafficticketviolationattorney.com/
Intake...
You can plead 'not guilty' and either go to trial yourself, or hire an attorney to represent you at the trial. The likelihood of success depends on which borough of NYC it occurred in.
Feel free to reach out to us directly with any other questions.
Hayim Rose
Paralegal
The Law Offices of Zev Goldstein, PLLC
Office: 845-371-8457
Fax: 845-371-5441
ZevGoldsteinLaw.com
https://www.trafficticketviolationattorney.com/
Intake...
Q: I received a combo card ( EAD and AP ) with a misspelled last letter of my last name on it.
Kelli Y Allen's answer
You need to have the card correctly. Whether an employer will accept a copy depends on the particular employer. If you can, get the job while you have the original documents to show, then keep a copy and send the EAD back with the application to correct the name. Once you have the new card, use that to get a new SS card.
You need to have the card correctly. Whether an employer will accept a copy depends on the particular employer. If you can, get the job while you have the original documents to show, then keep a copy and send the EAD back with the application to correct the name. Once you have the new card, use that to get a new SS card.
Q: My sister is disabled due to MS...her husband is divorcing her after 30 plus years , calling it a Medicaid divorce. Her
Robert B. Pollack's answer
What is sometimes referred to as a "Medicaid divorce" from experience, this may involve certain less than ethical maneuvers that your sister may need to be concerned about and I will not advise or comment about. Your sister needs help and advice for sure. The need for an attorney is clear; she is in a long term marriage. Her income is fixed and limited. Her ability to become self supporting is unlikely and that would impact any disability payment she is receiving. Although you indicate...
What is sometimes referred to as a "Medicaid divorce" from experience, this may involve certain less than ethical maneuvers that your sister may need to be concerned about and I will not advise or comment about. Your sister needs help and advice for sure. The need for an attorney is clear; she is in a long term marriage. Her income is fixed and limited. Her ability to become self supporting is unlikely and that would impact any disability payment she is receiving. Although you indicate...
Q: Can a daughter of a pastors wife obtain a church with a durable power of attorney in New York?
1 Answer
| Asked
in
Contracts, Estate Planning and Elder Law
for
New York
on
Answered on Mar 14, 2019
Answered on Mar 14, 2019
Michael David Siegel's answer
No. If the church was a duly formed religious corporation, the bylaws of the corporation govern what happens to its assets.
No. If the church was a duly formed religious corporation, the bylaws of the corporation govern what happens to its assets.
Q: Can a paralegal write a stipulation of settlement for a divorce filing without a lawyer involved?
Robert B. Pollack's answer
The role and permitted duties of paralegals differ throughout the USA. In some states, paralegals are licensed and can perform certain functions that an attorney would otherwise have to do. Paralegals cannot practice law; only attorneys can do that. However, there is no legal requirement in NY that anyone particular must write a stipulation of settlement. The parties themselves can write it. So long as it comports with the applicable laws to be able to enforce it, contains any mandatory...
The role and permitted duties of paralegals differ throughout the USA. In some states, paralegals are licensed and can perform certain functions that an attorney would otherwise have to do. Paralegals cannot practice law; only attorneys can do that. However, there is no legal requirement in NY that anyone particular must write a stipulation of settlement. The parties themselves can write it. So long as it comports with the applicable laws to be able to enforce it, contains any mandatory...
Q: A client signed my contract, gave me a check that bounced and I did some of the work, what are my rights?
Michael David Siegel's answer
Under the terms of the contract, assuming you have a right to payment, you can sue.
Under the terms of the contract, assuming you have a right to payment, you can sue.
Q: The irs is going to take my fathers house due to back taxes and alot of my personal items are in and around the premise.
Linda Simmons Campbell's answer
Most personal items are not seized when a home is auctioned by the IRS. I strongly recommend that your father contact a tax attorney to see if there is any way to save his home. Just stay away from the places you see advertised on tv.
Most personal items are not seized when a home is auctioned by the IRS. I strongly recommend that your father contact a tax attorney to see if there is any way to save his home. Just stay away from the places you see advertised on tv.
Q: I've just been told by a HPD inspector I will have to vacate in 30days due to illegal bsmt apt.
Elaine Shay's answer
Unless you were issued an Order to Vacate, it is likely you confused what the inspector told you. I'd guess the inspector told you the landlord will have to send you a 30 Day Notice not that you must actually vacate in 30 days. There is a world of difference between the two and with proper legal representation you may be able to have substantially more time to move and even a financial settlement to help you do so.
Unless you were issued an Order to Vacate, it is likely you confused what the inspector told you. I'd guess the inspector told you the landlord will have to send you a 30 Day Notice not that you must actually vacate in 30 days. There is a world of difference between the two and with proper legal representation you may be able to have substantially more time to move and even a financial settlement to help you do so.
Q: It is possible that a petty larceny be considered as a violation and don't affect my record? Is the first time
Kristen Epifania's answer
Petit larceny is a misdemeanor, which is a crime. However, just because you were arrested for petit larceny, it does not mean that you will be convicted. It is very possible to walk away with either a violation or a dismissal, depending on the case facts, especially if it is your first offense.
Petit larceny is a misdemeanor, which is a crime. However, just because you were arrested for petit larceny, it does not mean that you will be convicted. It is very possible to walk away with either a violation or a dismissal, depending on the case facts, especially if it is your first offense.
Q: Is it in the best intrest for a defendent to testify in a retrial with two victims one being murder and one assault?
Kristen Epifania's answer
Many factors go into determining whether it is in the defendant's best interest to testify, it is impossible to simply say yes or no. An attorney can provide you with a better answer when they have more specific details about the case, as well as a better understanding of the evidence.
Many factors go into determining whether it is in the defendant's best interest to testify, it is impossible to simply say yes or no. An attorney can provide you with a better answer when they have more specific details about the case, as well as a better understanding of the evidence.
Q: I am a starting film maker. I have 2 movies with their own LLCs . should I form production holding LLC?
Michael David Siegel's answer
This is really more of a tax issue than a legal one. Thus, consult an accountant. That being said, I think the LLCs should be separate, and there should be no umbrella for both.
This is really more of a tax issue than a legal one. Thus, consult an accountant. That being said, I think the LLCs should be separate, and there should be no umbrella for both.
Q: Is using (holding) an old satellite based Garmin navigator which has no internet or wireless connection a violation
Zev Goldstein's answer
VTL 1225-d(2)(a) says:
""Portable electronic device" shall mean any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device, or any other electronic device when used to input, write, send, receive, or read text for...
VTL 1225-d(2)(a) says:
""Portable electronic device" shall mean any hand-held mobile telephone, as defined by subdivision one of section twelve hundred twenty-five-c of this article, personal digital assistant (PDA), handheld device with mobile data access, laptop computer, pager, broadband personal communication device, two-way messaging device, electronic game, or portable computing device, or any other electronic device when used to input, write, send, receive, or read text for...
Q: How can i obtain free legal advice / direction, regarding a divorce with a small child involved?
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
New York
on
Answered on Mar 10, 2019
Answered on Mar 10, 2019
Christine Moccia's answer
Email me about this. If you cannot afford an attorney in NY there are resources that may be available to you. christine_moccia@yahoo.com
Email me about this. If you cannot afford an attorney in NY there are resources that may be available to you. christine_moccia@yahoo.com
Q: How would I view records of a drug case from the early 90's that was settled in Albany District Court?
Michael Arbeit's answer
You would need to go the clerk's office of that court and ask to see the court file (chances are they are going to have to order it from records for you). If the matter was not yours and the case was sealed, you will not be allowed to review the file.
You would need to go the clerk's office of that court and ask to see the court file (chances are they are going to have to order it from records for you). If the matter was not yours and the case was sealed, you will not be allowed to review the file.
Q: Destruction of Property- subcontractors
1 Answer
| Asked
in
Criminal Law, Employment Law, Products Liability and Business Law
for
New York
on
Answered on Mar 8, 2019
Answered on Mar 8, 2019
V. Jonas Urba's answer
How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside the point. The fact that you think they should have been licensed indicates that they probably did not have their own business nor other customers, probably did not decide how, how much, or when they...
How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside the point. The fact that you think they should have been licensed indicates that they probably did not have their own business nor other customers, probably did not decide how, how much, or when they...
Q: No custodial parent and equal nights in the court order but one parent only chooses to see child 4 nights of 28 a month?
Nina Mironenko's answer
The parent who has the child the majority of the time should file a petition for support. She/he should keep a calendar, showing the exact dates the other parent has taken the child, and print emails/texts which may show the other parent saying she/he will not be taking the child.
The parent who has the child the majority of the time should file a petition for support. She/he should keep a calendar, showing the exact dates the other parent has taken the child, and print emails/texts which may show the other parent saying she/he will not be taking the child.
Q: New custody order for our 5 year old and we split half nights each month with no custodial parent, who pays support?
Nina Mironenko's answer
All depends on the incomes of the parents. If they are close to equal then no support. If one makes a lot less than the other, then the "monied" parent could be ordered to pay support.
All depends on the incomes of the parents. If they are close to equal then no support. If one makes a lot less than the other, then the "monied" parent could be ordered to pay support.
Q: I want to sue a NYS College. I dont know where to begin, can you help
Michael David Siegel's answer
To whom do you owe the money? If the school, write a letter denying the debt, and wait to be sued. If the Higher Education Authority or USDOE, then check your credit report and see how it is reflected and reach out to them.
To whom do you owe the money? If the school, write a letter denying the debt, and wait to be sued. If the Higher Education Authority or USDOE, then check your credit report and see how it is reflected and reach out to them.
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