New York Questions & Answers

Q: My son's father hasn't seen, talked, or anything of that nature to my son for 3months and 2weeks. What should I do? NYS

1 Answer | Asked in Family Law and Child Custody for New York on
Answered on Oct 20, 2017

In order for your Fiancé to adopt your child, the father must either agree to give up his parental rights in writing or a basis must be established that would justify terminating the father's parental rights. Under New York Statute, the court is authorized to terminate parental rights where there is a showing the parent abandoned the child. Other justifications include permanent neglect, mental illness, or upon a finding of a significant intellectual disability.

Based on the facts that...
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Q: Boss lied about me driving for him to a future employer what can I do?

1 Answer | Asked in Employment Law for New York on
Answered on Oct 20, 2017

You will want to speak to an attorney to go over all of the facts of what happened and how the lie has hurt you. Your question does not have much information, and you may not want to share your details in a public forum.
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Q: I live in New York State can I take someone in Vancouver Canada to small claims court ?

1 Answer | Asked in Business Law for New York on
Answered on Oct 20, 2017

No. Small claims defendants must reside in the jurisdiction.
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Q: What recourse do I have in negotiating my rent being raised in New York State?

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for New York on
Answered on Oct 20, 2017

If you are not rent stabilized or controlled, and your lease is only year to year, the answer is no.
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Q: Can you tell me if this is considered a breach of contract or a new patent infringement case? (see below)

2 Answers | Asked in Contracts and Patents for New York on
Answered on Oct 20, 2017

It is both, but it is easier to bring an action as a breach of contract. It depends where the covenant was made, i.e. a court order or an agreement.
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Q: termination vs resignation - what can the background check reveal?

2 Answers | Asked in Employment Law for New York on
Answered on Oct 19, 2017

Don't try to get fired but don't quit.

Positives of being fired. You should receive unemployment unless you quit or tried to get fired (did something you should have known would get you fired). You will not be a quitter. You will be able to say I wanted to stay but it was not a good fit.

If you quit what will you say with no job lined up? Employers usually say employee earned x figures, worked these dates, and held x position. If they say more and you lose $ and prove what they...
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Q: Can the non refundable tuition pre-paid for a private school be converted to a tax deductible donation?

1 Answer | Asked in Business Law, Education Law and Tax Law for New York on
Answered on Oct 19, 2017

It's possible that they are being truthful and relying on their advice of counsel. It's possibly because there is a different entity that accepts donations (like an irrevocable trust for instance or a fund). If the tuition was deposited into the operating account they can't just make an accounting entry to call it a donation. You may want to reach out to them and get an agreement in place to give them a donation separately and once the donation hits they refund you the tuition deposit,...
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Q: If a government contract specifies they want a certain number of people in my business and accept my proposal based on

1 Answer | Asked in Government Contracts for New York on
Answered on Oct 19, 2017

Hire a replacement. Am I missing something? Feel free to email me if you want to discuss further.
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Q: Hello Sir My wife gonna file a divorce for me. She lives in Florida.can i fill out paperwork from NewYork?

1 Answer | Asked in Divorce for New York on
Answered on Oct 19, 2017

You could likely complete the paperwork from New York pro se and the court may allow you to appear via telephone. However, an attorney in New York could most likely not complete the paperwork on your behalf and then submit it to Florida, unless the attorney is licensed to practice in the State of Florida. Several exceptions to this rule may apply, for example, if the New York State attorney has a practice order or some other order permitting him or her to practice on a limited basis.
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Q: I am in Divorce court. Can I sue my husband for damages due to blackmail in Civil court at the same time?

1 Answer | Asked in Divorce, Family Law, Civil Litigation and Domestic Violence for New York on
Answered on Oct 19, 2017

Probably wouldn't fly. Your case (if filed) would be dismissed.
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Q: What’s the best way to proceed in this situation?

1 Answer | Asked in Immigration Law for New York on
Answered on Oct 19, 2017

If they aren't meeting their obligations pursuant to an employment contract, hire an employment lawyer to handle it. If you are concerned about your green card, hire an immigration lawyer to help you figure out your options. If you have a green card and an SSN card, you should be fine without employment (i.e. not deportable) unless you have an employment based green card.
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Q: can I move to Georgia my with my son, even if the father of my son which was never my husband refuses to let him flight?

1 Answer | Asked in Family Law for New York on
Answered on Oct 19, 2017

This is a somewhat complicated question and seemingly small facts may have a big impact on the outcome of the case.

First, if you decide to petition the court to relocate, the court must determine, based on all of the proof, whether you have established, by the preponderance of the evidence, that a proposed relocation would serve the child's best interests. This basically means that moving to a new state would be beneficial for the child's growth. If the move is part of providing the...
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Q: Order of protection

1 Answer | Asked in Family Law for New York on
Answered on Oct 19, 2017

In an Article 8 proceeding, an ex parte temporary order of protection may be granted “for good cause.” The petition must aver facts, not conclusions. Once granted, the order expires on the hearing date following service of the summons upon the respondent, unless it is continued.

An ex parte temporary order of protection just means that you are requesting the order without the other party having notice of the request.

Based on the limited facts you have pointed out, it seems...
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Q: Is there any leniency regarding mail fraud charges if the defendant is a minor and didn't understand the seriousness of

1 Answer | Asked in Federal Crimes for New York on
Answered on Oct 19, 2017

Yes. It can cause a reduction in the sentencing guidelines.
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Q: Do DUIs also include instances where you've ingested an illegal substance and get into an accident, or are they just for

1 Answer | Asked in DUI / DWI for New York on
Answered on Oct 19, 2017

Yes. PL 1192.4 is for driving while on other types of drugs (marijuana, ecstasy, etc).
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Q: Can a Hostal change how much you owe on a bill?

1 Answer | Asked in Bankruptcy, Collections and Consumer Law for New York on
Answered on Oct 19, 2017

It depends on what your insurance covered and what really was charged. If insurance is not paying, appeal with the insurance company.
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Q: My grandmother passed away but someone got ahold of her credit card information and made charges both before and after

2 Answers | Asked in Identity Theft for New York on
Answered on Oct 18, 2017

The estate is not responsible.
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Q: My daughter just got approved for a mortgage, but I know for a fact she doesn't work.

1 Answer | Asked in White Collar Crime for New York on
Answered on Oct 18, 2017

Hire her a good attorney for the eventual fraud charges.
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Q: when judge dismisses jury for the day can jury still give a verdict after judge told them to stop deliberations

1 Answer | Asked in Criminal Law for New York on
Answered on Oct 18, 2017

They are only supposed to discuss the case when all the jurors are present. If they have been dismissed for the day, no discussion of the case is to take place.
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Q: If a court, in NY city ordered drug alcohol rehabilitation to someone sources claim there is a lien on them.

1 Answer | Asked in Criminal Law and Health Care Law for New York on
Answered on Oct 18, 2017

Lien for what? The court orders treatment or it doesn't. If treatment is a provision of the sentence, it must be completed.
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