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New York Civil Rights Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law, Divorce and Family Law for New York on
Q: I have a Divorce Action pending. Who is the best Civil Rights Atty. in Albany, NY, that protects "Freedom of Religion"?

Also: I am at the Appeals Level of my case. I need help now. Time is of the essence.

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 24, 2020

Contact your local bar association for attorney specialties and recommendations.

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for New York on
Q: can you get fired for lying about your HIV status?
V. Jonas Urba
V. Jonas Urba answered on Feb 19, 2020

The most important question is where, when, and why you were asked about that?

Then, whether that question was directly related to your job duties and how you would perform your duties with precautions, if any, as required by law.

Then, if the question were asked at the appropriate...
Read more »

1 Answer | Asked in Civil Rights for New York on
Q: I have a scheduling conference and am ill in federal court but denied an adjournment, and judge says only me to appear.

Judge in federal court will not appoint me a lawyer in civil rights case and will not give me time to find a lawyer or time to get from Florida to NY as I am ill.

Derek John Soltis
Derek John Soltis answered on Feb 13, 2020

Contact the Bar Association in the city or county or state of the court you need an attorney and ask for an attorney referral. You can hire an attorney over the phone to represent you.

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: My fiance and I recently split up when we were together I purchased and paid for a mobile home for us her name

Is on the title due to park regulations. She wants me to buy her out for 2000( roughly half purchase price). She did not put money into it or towards it. She is trying to tell me she will force me to sell the mobile home if I don't pay her 2000. I am the primary on the title and still live in the... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Feb 13, 2020

Greetings. New York's heart balm act (Section 80-b of NY's Civil Rights Law) allows individuals to sue for return of property given to a fiance in contemplation of marriage. Common examples include return of an engagement ring, a house, a car, a fur coat, etc. The court will direct the fiance to... Read more »

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: I've broken up with my live in partner and have signed a contract to purchase a boat ( loan in my name) .

He wants to pay me monthly for the loan on the boat as well as some credit card debt that I have on my card that's his.

Should I get this in writing, or is it too late. The boat has not been delivered yet and we are still on speaking terms.

Not sure if we will get back together and... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 11, 2020

Definitely get it in writing. And if you cannot get out of this boat deal make sure you are on title. Otherwise you will have a debt and no boat.

1 Answer | Asked in Criminal Law, Employment Law, Civil Litigation and Civil Rights for New York on
Q: Will I be criminally charged?? What to do? Please help!!

I work as a cashier in a pharmacy, last week I had LP investigating me for theft and lost prevention.

Long story short, I used my non discount card for customers which accumulated coupons that I used for personal purchases. The amount estimated was $100. In my statement, I admitted the... Read more »

V. Jonas Urba
V. Jonas Urba answered on Feb 6, 2020

An employment lawyer would carefully review your employee handbook before advising you. This could be completed remotely. You would call and discuss more details, you and the lawyer would agree to a flat fee for such review and legal advice regarding options, and everything including payment and... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and DUI / DWI for New York on
Q: I was recently charged with a DWI. Breathalyzer concluded that my BAC was 0.03, I was then brought to the police HQ .

When I was brought back to the police headquarters the officer instructed me to look at the wall. NOTE: I was not given a clear and unequivocal warning that a chemical test was being performed and the consequences of not performing the test.

With that said, I replied to him, "look at the... Read more »

Michael Arbeit
Michael Arbeit answered on Feb 4, 2020

When did the arrest happen and where? Did you go to the Refusal hearing? You need to retain an experienced criminal defense attorney for proper representation.

1 Answer | Asked in Family Law and Civil Rights for New York on
Q: ACS/ CPS violation?

good evening, to sum up my situation my boyfriend had called ACS on his sister due to child neglection. this has been going on before and even when i started dating him and witness the actions but i never got involved because he was already going to call because he was fed up, when he called ACS he... Read more »

John Anthony Pappalardo
John Anthony Pappalardo answered on Jan 7, 2020

You need a Family Law attorney

1 Answer | Asked in Libel & Slander, Criminal Law, Family Law and Civil Rights for New York on
Q: Can an ACS caseworker be sued as an individual for slander/defamation? I have proof that she lied in her report

After receiving a copy of the SCR report I discovered that the caseworker, her supervisor and unit manager all lied in their reports as well as excluded documents that provided proof that there was no neglect, yet my case was still "indicated". I have proof. Are they still covered by immunity?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jan 1, 2020

If they were acting in their capacity at DSS it is unlikely that you can sue.

Q: Is mediation the best option for a pro se plaintiff in an employment discrimination case?

How, where and when can I request to be referred to medition?

V. Jonas Urba
V. Jonas Urba answered on Dec 18, 2019

Neither employer nor employee are forced to mediate. That process is voluntary.

However, employment lawsuits in federal court get scheduled for mediation. But going to mediation when an employer believes your claim is "no pay" will do little by itself.case.

Even during mediation,...
Read more »

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Detective made a arrest without any investigation, then can I bring lawsuit against him ?

In a domestic violence case, Detective arrested me without any investigation. I wasn't even at the place of incident that the complainant claim on his police report. In other word, the police report was completely FALSE, done by my nephew for personal revenge. Indeed, somehow my nephew have... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Nov 24, 2019

As long as the detective was acting as part of his duties, it is unlikely that you can sue him. He had a sworn complaint and acted on it.

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for New York on
Q: I want to know what law and rules the new owner of the property has to follow to evict me. I think he is breaking laws.

He claims he mailed papers but I have not received them. Tonight he was supposed to serve papers, he claimed they were the second round. He wanted to bring them to me at 8pm on a Thursday night. I work 7am-4pm and I do not get home until 530 with picking my daughter up from daycare. He has not... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 15, 2019

You obviously know about the case. While the court will undo any defaults, etc., from lack of service, you should ask for the papers again, or go to the clerk to get them, and not ignore this. Playing the service issue might work, but also might not.

1 Answer | Asked in Civil Rights, Criminal Law and Federal Crimes for New York on
Q: CAN I SUE POLICE FOR FALSAFYING WARRANTS.

IN 88 I WAS CAUGHT SLEEPING WITH A COPS WIFE. 30 DAYS LATER I WAS RAIDED. 5 DAYS LATER MY WIFE IS SLEEPING WITH THE COP WHICH I SLEPT WITH HIS WIFE. WARRANT WAS SIGNED BY THE COPS DAD. HE WAS A DETCTIVE. I SAT IN JAIL FOR 45 DAYS. CHARGES DROPPED FROM FELONY TO MISD. 8 MONTHS LATER I WAS ARRESTED... Read more »

Gary Kollin
Gary Kollin answered on Nov 9, 2019

First, typing in all capital letter is considered rude. If you believe you are justified, then you should consider the feelings and position of the recipients.

There is no legal avenue to get back in court after so many years

1 Answer | Asked in Landlord - Tenant, Civil Rights and Communications Law for New York on
Q: So last night I accidentall locked myself out can I bill landlord/ super

I’ve only been here for almost a week. So last night I accidentally locked myself out of my apartment that I’m staying in. My girlfriend aka owner of apartment wasn’t home and the super “wasn’t available ” to help me. I’ve only been here for like almost a week. So I called fire... Read more »

Elaine Shay
Elaine Shay answered on Nov 7, 2019

Generally, the expense of damage cause to an apartment (or apartment door) is caused by a tenant or a tenant's guest the tenant is responsible to the landlord for these damages. In that situation, if the landlord's super repairs the damage, the landlord can seek recovery for the cost of the repair... Read more »

1 Answer | Asked in Animal / Dog Law, Civil Rights and Landlord - Tenant for New York on
Q: How do I file a claim against a lawyer (Versace) for discrimination?

I reside in the apartments he owns(big mistake). I have an ESA, and he's denying to accept it. Meanwhile I've seen 3 other dogs on the property.

Benjamin Z. Katz
Benjamin Z. Katz answered on Nov 6, 2019

You can file a complaint with New York State Division of Human Rights.

1 Answer | Asked in Civil Litigation, Civil Rights, Education Law and Employment Discrimination for New York on
Q: If I find out that evidence was falsified in my hearing can I reopen my case that was dismissed.
Gary Kollin
Gary Kollin answered on Oct 28, 2019

A lot depends on the evidence, the perpetrator and the timing

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: 4th Amendment violation.

My son is on probation. He was scheduled to appear for violating his probation. I let him borrow my vehicle to get there. He showed up at the correct place, date, and time. While there he was arrested and bail set for violating probation. The probation officer was not there and instructed the... Read more »

Gary Kollin
Gary Kollin answered on Oct 26, 2019

You can talk to the supervisors in both departments.

You can file suit through an attorney if you can find an attorney which I doubt you will find because of the lack of damages

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for New York on
Q: What should I do of my neighbor is harassing me because of my autistic child playing in my appartment?

Good evening,

I live on a 2nd floor apartment with my mother and my 4 year old son who is autistic. My son is in school from 8am-4pm we get home around 5pm. He will play sporadically between 6-8 he is in bed by 9. I leave my appartment as of 8am the latest until after noon on Saturday and... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Oct 23, 2019

This isn't a family law question, its more in the way of a landlord issue. Discuss this with the landlord or make a police complaint. Beyond that, the only other thing you can do is put a thick carpet or some other cushioning material on the floor.

1 Answer | Asked in Civil Rights and Constitutional Law for New York on
Q: When someone consent to searches asked by an officer, would that be considered as a reasonable search ?
Gary Kollin
Gary Kollin answered on Oct 21, 2019

The issue of reasonable is no longer at issue once there is consent

1 Answer | Asked in Criminal Law and Civil Rights for New York on
Q: Is it permissible for an owner to be present when there is a search warrant for his van.

The police searched my van once with my consent then I refused for the 2nd time because I didn't trust them. They told me they didn't search t&e van, they lied. They said they were going to get a search warrant yesterday. One officer told me that I can be present during the search. Today the... Read more »

Arslan Abid
Arslan Abid answered on Sep 18, 2019

Search is always commensed before two witnesses of vacinity and in the end a list of items is prepared for the record it is not essential that the owner must be present. Laws may differ in different countries. But basic principal is same. For more details you must contact local lawyer.

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