New York Civil Rights Questions & Answers
Q: My father inherited a car from my uncle who died. He tried to get it titled and DMV came to house & police repossessed i
1 Answer
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Civil Rights, Constitutional Law and Estate Planning
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New York
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Answered on Feb 5, 2019
Answered on Feb 5, 2019
Q: My boss fired me for being in the bathroom “too long”. She says I was in the bathroom for over 20 minutes. I wasn’t
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Employment Law, Civil Rights and Employment Discrimination
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New York
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Answered on Feb 5, 2019
Answered on Feb 5, 2019
V. Jonas Urba's answer
You can be fired for a good reason, bad reason or no reason at all as an "at will" employee. If you are non union, non civil service, or do not have a written contract of employment you are probably at will. Being in the bathroom is not an illegal reason to fire someone unless you told your employer about some medical condition which might require extended bathroom time. Unless you were told that excess bathroom time could get you fired you should be able to recover unemployment, barring gross...
You can be fired for a good reason, bad reason or no reason at all as an "at will" employee. If you are non union, non civil service, or do not have a written contract of employment you are probably at will. Being in the bathroom is not an illegal reason to fire someone unless you told your employer about some medical condition which might require extended bathroom time. Unless you were told that excess bathroom time could get you fired you should be able to recover unemployment, barring gross...
Q: regarding false arrest
1 Answer
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Criminal Law, Civil Litigation and Civil Rights
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New York
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Answered on Feb 4, 2019
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
An investigator may be able to help you with the license plate numbers, or alternatively you can request public records via the DMV. As for false arrest or defamation of character, you might be able to sue if the facts support your allegations. 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/...
An investigator may be able to help you with the license plate numbers, or alternatively you can request public records via the DMV. As for false arrest or defamation of character, you might be able to sue if the facts support your allegations. 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/...
Q: My friends landlord has been infringing on her rights as a tenant, and the house is unlivable.
Elaine Shay's answer
In NYC if a landlord fails to make necessary repairs, a tenant may commence an HP Proceeding in Housing Court. A housing inspector will inspect the premises and report any violations so that the landlord can be compelled to make necessary repairs.
In NYC if a landlord fails to make necessary repairs, a tenant may commence an HP Proceeding in Housing Court. A housing inspector will inspect the premises and report any violations so that the landlord can be compelled to make necessary repairs.
Q: Excuse me?
2 Answers
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in
Consumer Law, Civil Rights and Landlord - Tenant
for
New York
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Answered on Jan 31, 2019
Answered on Jan 31, 2019
Elaine Shay's answer
In order to evict a tenant in New York City, a case must be commenced in Housing Court. Before commencing the case, certain predicate notices must be served. If you are a tenant without a written lease in a non-regulated apartment, you should expect to receive a 30 Day Notice before any court papers. Once a judgment of eviction is obtained in Housing Court, the court has the ability to stay the eviction for a maximum of six additional months.
In order to evict a tenant in New York City, a case must be commenced in Housing Court. Before commencing the case, certain predicate notices must be served. If you are a tenant without a written lease in a non-regulated apartment, you should expect to receive a 30 Day Notice before any court papers. Once a judgment of eviction is obtained in Housing Court, the court has the ability to stay the eviction for a maximum of six additional months.
Q: is it a law that police must provide a judge signed warrant during a home raid if the resident requests to see one?
Ali Shahrestani, Esq.'s answer
Absent extreme circumstances such as imminent public safety threats, a signed warrant would be needed for such a search. 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 areas of...
Absent extreme circumstances such as imminent public safety threats, a signed warrant would be needed for such a search. 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 areas of...
Q: Hello, I’m looking to file a lawsuit against the FDNY for the ongoing discrimination, assaults and mistreatment
1 Answer
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Civil Rights and Employment Discrimination
for
New York
on
Answered on Dec 19, 2018
Answered on Dec 19, 2018
Charles Joseph's answer
Unfortunately, the information you’ve given in your question is not specific enough to determine whether you have grounds for a lawsuit. You should contact an experienced employment attorney in your area and discuss the particulars of your situation.
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar...
Unfortunately, the information you’ve given in your question is not specific enough to determine whether you have grounds for a lawsuit. You should contact an experienced employment attorney in your area and discuss the particulars of your situation.
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar...
Q: Do lawyers accept civil rights suits on contingency??
1 Answer
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Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law
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New York
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Answered on Nov 4, 2018
Answered on Nov 4, 2018
Q: can something be done about stopping criminals from evicting me from my house I am also disabled is this fair ?
2 Answers
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in
Civil Rights, Federal Crimes, Personal Injury and Wrongful Death
for
New York
on
Answered on Oct 24, 2018
Answered on Oct 24, 2018
Derek John Soltis' answer
You need to speak with an attorney. Your story is heartbreaking, but without reviewing the legal documents and the court decisions it is impossible to put together a strategy for you.
You need to speak with an attorney. Your story is heartbreaking, but without reviewing the legal documents and the court decisions it is impossible to put together a strategy for you.
Q: Appealing a denied vaccination exemption. How does the state define sincere religious belief? No vaccines in 9 years...
1 Answer
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Appeals / Appellate Law, Gov & Administrative Law, Civil Rights and Education Law
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New York
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Answered on Oct 16, 2018
Answered on Oct 16, 2018
Michael David Siegel's answer
It is very hard to appeal these decisions. Appeals take over a year, and during that time your kid cannot attend school. We have done them, but success is hard.
It is very hard to appeal these decisions. Appeals take over a year, and during that time your kid cannot attend school. We have done them, but success is hard.
Q: is it my US legal right to be allowed to choose how communications (printed hardcopies vs online)are sent to me by NYCHA
1 Answer
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in
Real Estate Law, Civil Rights, Communications Law and Constitutional Law
for
New York
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Answered on Oct 1, 2018
Answered on Oct 1, 2018
Elaine Shay's answer
Are you referring to NYCHA's NextGen Online Certification Program? If so, you can inform your property manager that you are opting out of taking advantage of the new option for online recertification and requesst a traditional paper packet
https://www1.nyc.gov/site/nycha/about/press/pr-2017/nextgen-up-close-20170901.page
Are you referring to NYCHA's NextGen Online Certification Program? If so, you can inform your property manager that you are opting out of taking advantage of the new option for online recertification and requesst a traditional paper packet
https://www1.nyc.gov/site/nycha/about/press/pr-2017/nextgen-up-close-20170901.page
Q: I am the Mother, Can I file a Petition, Pro Se, requesting Supoena Duces Tecum to acquire Medical Examiner's Report?
1 Answer
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in
Appeals / Appellate Law, Civil Rights, Constitutional Law and Small Claims
for
New York
on
Answered on Sep 27, 2018
Answered on Sep 27, 2018
Q: Hey, do you have any idea of where I can find the original HIV criminalization laws from the 1980's?
1 Answer
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in
Criminal Law, Family Law, Personal Injury and Civil Rights
for
New York
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Timur Akpinar's answer
One place where you could start your research for your school project is the website for the Center for HIV Law and Policy, 65 Broadway, Suite 832, New York, NY 10006. Their website URL is https://www.hivlawandpolicy.org/states/new-york.
One place where you could start your research for your school project is the website for the Center for HIV Law and Policy, 65 Broadway, Suite 832, New York, NY 10006. Their website URL is https://www.hivlawandpolicy.org/states/new-york.
Q: Do we have a case for disability discrimination/Civil Law Service breach/retaliation? limited space, cant give more dtls
1 Answer
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in
Employment Law, Civil Rights and Employment Discrimination
for
New York
on
Answered on Aug 29, 2018
Answered on Aug 29, 2018
V. Jonas Urba's answer
I doubt that anyone will be able to answer your question.
You don't want to post details about medical issues on a public forum.
Employment law cases are fact intensive and document heavy. To really, truly get a handle on any case a lawyer needs to spend considerable time with your husband. Then the lawyer spends time reviewing, sometimes, voluminous documents. Then the lawyer and potential client discuss time frames, costs, expenses, fees, etc...
Your husband should...
I doubt that anyone will be able to answer your question.
You don't want to post details about medical issues on a public forum.
Employment law cases are fact intensive and document heavy. To really, truly get a handle on any case a lawyer needs to spend considerable time with your husband. Then the lawyer spends time reviewing, sometimes, voluminous documents. Then the lawyer and potential client discuss time frames, costs, expenses, fees, etc...
Your husband should...
Q: How long ussually a case take after fillings
2 Answers
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in
Personal Injury, Animal / Dog Law and Civil Rights
for
New York
on
Answered on Aug 10, 2018
Answered on Aug 10, 2018
Peter Briskin's answer
This is a very difficult question to answer. Duration of the litigation process varies from case to case. It depends on a number of factors including how many parties are involved in the lawsuit, the complexity of the issues involved, The cooperation of counsel for the parties as well as the county the case is venued in, among other things. In certain situations there may be a preference that is applicable depending on the plaintiff which would accelerate the time for trial once discovery...
This is a very difficult question to answer. Duration of the litigation process varies from case to case. It depends on a number of factors including how many parties are involved in the lawsuit, the complexity of the issues involved, The cooperation of counsel for the parties as well as the county the case is venued in, among other things. In certain situations there may be a preference that is applicable depending on the plaintiff which would accelerate the time for trial once discovery...
Q: How does the child support collection agency that operates under the executive branch magically become judicial ?
1 Answer
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in
Contracts, Civil Litigation, Civil Rights and Constitutional Law
for
New York
on
Answered on Aug 8, 2018
Answered on Aug 8, 2018
Michael David Siegel's answer
Boy do you have no clue how this process works. Get ready for jail. Ignore them at your peril.
Boy do you have no clue how this process works. Get ready for jail. Ignore them at your peril.
Q: Can I sue Landlord and management of development I live in for violating rights and for petty bouts of retaliation
Derek John Soltis' answer
The simple answer is YES. You can sue any one for anything you want. But, the real question or questions are: Will you win? Or, can you afford to sue? If you are suing for less than $5000 in damages, what attorney will take your case? The sad think about the American court system is that most people are priced out from suing when the damages are small as they are forced to do it themselves, which can make the process untenable. You should talk to legal aid if you cannot find an attorney to...
The simple answer is YES. You can sue any one for anything you want. But, the real question or questions are: Will you win? Or, can you afford to sue? If you are suing for less than $5000 in damages, what attorney will take your case? The sad think about the American court system is that most people are priced out from suing when the damages are small as they are forced to do it themselves, which can make the process untenable. You should talk to legal aid if you cannot find an attorney to...
Q: Can I file a discrimination case against a company if a manger made a racist statement calling me Sammy Davis Jr?
2 Answers
| Asked
in
Civil Rights, Employment Discrimination and Employment Law
for
New York
on
Answered on Jul 6, 2018
Answered on Jul 6, 2018
Emre Polat Esq.'s answer
That can be perceived as discriminatory. Further information is required to make an evaluation. Consider a consultation.
That can be perceived as discriminatory. Further information is required to make an evaluation. Consider a consultation.
Q: Should I pay the civil demand letter of $500? when I already paid the full $250 worth of item I stole. Will I get sued
Michael Charles Cimasi's answer
You should always consult with your criminal attorney on a matter such as this, but in general, no you shouldn't pay it prior to the adjudication of the criminal matter. If the Court orders restitution, that must be paid. In my experience, 3rd party debt firms send out these civil demand letters, but it is very unlikely that they will initiate actual litigation to seek such a small amount of funds. It would not be worth the time or the filing fee. However, it is worth the price of a stamp...
You should always consult with your criminal attorney on a matter such as this, but in general, no you shouldn't pay it prior to the adjudication of the criminal matter. If the Court orders restitution, that must be paid. In my experience, 3rd party debt firms send out these civil demand letters, but it is very unlikely that they will initiate actual litigation to seek such a small amount of funds. It would not be worth the time or the filing fee. However, it is worth the price of a stamp...
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