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New York Constitutional Law Questions & Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Estate Planning for New York on

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

Car was bought for $4000 and there was a another witness when transaction took place, but when my uncle died his fiance couldn't find the title. Married woman was selling car and it turns out she was getting divorced and it was not going well. When husband found out apparently he reported car as... Read more »

Michael David Siegel answered on Feb 5, 2019

None. He never owned the car, and he knew it since he had no title.

1 Answer | Asked in Constitutional Law and Criminal Law for New York on

Q: If the police give you a search warrant but when they produce it in court its a different warrant is this legal

Ali Shahrestani, Esq. answered on Jan 3, 2019

No, the warrant they actually used should be the warrant submitted as evidence of the lawful search and seizure. 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,... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Communications Law and Constitutional Law for New York on

Q: is it my US legal right to be allowed to choose how communications (printed hardcopies vs online)are sent to me by NYCHA

I'm being forced to create an online account but i don't want an online "presence". I want to continuing receiving communications (statements, lease renewals, etc) by U.S. 1st class mail to keep all documentation in a physical file, not on a computer( i want a keep a physical paper trail).... Read more »

Elaine Shay answered on Oct 1, 2018

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... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Small Claims for New York on

Q: I am the Mother, Can I file a Petition, Pro Se, requesting Supoena Duces Tecum to acquire Medical Examiner's Report?

I am the mother of the deceased daughter. Her husband blocked me from receiving the Coroner or Medical Examiner's Report of when she passed, how she passed.

Michael David Siegel answered on Sep 27, 2018

No. You are not next of kin.

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Constitutional Law for New York on

Q: How does the child support collection agency that operates under the executive branch magically become judicial ?

They keep sending me &/or serving me papers..after I already told them I'm not interested in doing business with them & that I don't concent to any of it..& they still keep harassing me. Cease & desist letter was never answered & just ignored obviously. I'm ready to sue them .

Michael David Siegel answered on Aug 8, 2018

Boy do you have no clue how this process works. Get ready for jail. Ignore them at your peril.

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for New York on

Q: Girlfriend in county jail, being denied suboxone while pregnant even though its prescribed by her physician. What to do?

She has been in county jail since last Tuesday (4/10) and is experiencing serious withdrawal from not taking her suboxone. The jail refuses to contact the physician to get the prescription for her, and the physician won't talk to anyone that isn't her because there were no consent forms filled out.... Read more »

Timothy Denison answered on Apr 16, 2018

Have her lawyer redocket the case and get an order from the judge directing the jail to deliver and administer the medication in accordance with the physician s instructions.

1 Answer | Asked in Personal Injury and Constitutional Law for New York on

Q: Are Judges liable under 42 USC 1983 if they rely on a legal statute that guarantees an outcome upon conclusion testimony

Silly example, but if a legal statute says that you must pay another person $100 if that other person claims under oath that they are entitled to it, and if the judge defers to this statute and uses it to justify his/her decision and order, could that judge be held liable under 42 USC 1983 for... Read more »

Peter N. Munsing answered on Dec 27, 2017

Judges for the most part have immunity. If they rely on a statute--that is what they are to do, so I'm not seeing the problem.

1 Answer | Asked in Business Law and Constitutional Law for New York on

Q: Is computer code a language protected by the first amendment?

Barry Eran Janay answered on Oct 30, 2017

I'm unaware of any case that says it's not afforded the protections...

1 Answer | Asked in Foreclosure, Appeals / Appellate Law and Constitutional Law for New York on

Q: Hello, will a knowledgeable person please respond to the following questions.

As the defendant, we just filed a motion to reargue based on plaintiffs recent filing of notice of summary judgment in their favor. We have what I believe are extreme questions of fact that the judge erroneously overlooked. It is my understanding that plaintiff now has 30 days to file opposition to... Read more »

Barry Eran Janay answered on Sep 8, 2017

Hire an attorney.

1 Answer | Asked in Civil Rights and Constitutional Law for New York on

Q: I was in someone's house who's name was on a warrant but my name was not I was still arrested can this case be dismissed

Had drugs in my bra and male officer with out my consent retrieved it again my name was not in warrant nor my description

William Head answered on Aug 15, 2017

Each case turns on its own facts. From what you put in this message, it seems to be an illegal search. Police have limited rights to search a person who is not named on a warrant, for safety purposes.

Call New York criminal law specialists Bob Baska, at this number, to get his detailed...
Read more »

1 Answer | Asked in Business Law, Constitutional Law, Environmental and International Law for New York on

Q: i have an academic question about intl law and treaties which might not have a certain answer:

As we know intl law and treaties have been created so as to regulate relation between intl community members(countries and intl organization) ,through which they would be able to achieve golas that have been conceived in different treaties and documents such as Un charter , environmental agreements... Read more »

Barry Eran Janay answered on Aug 9, 2017

This is a legal Q&A board, not a forum for expressing philosophical views on world politics and international relations.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for New York on

Q: How can two grown people lose all their constitutional rights because of someone else's family court case

My family and I just moved in with my sister in New York who is going through a family court case against the state and they keep telling us what we can and can't do

Ali Shahrestani, Esq. answered on Jul 26, 2017

This is too vague to answer. 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... Read more »

1 Answer | Asked in Constitutional Law and Family Law for New York on

Q: Does a biological father have equal rights to his child as the mother

Ali Shahrestani, Esq. answered on Jul 18, 2017

As a general premise, yes; but a custody decision depends on the facts. 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,... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for New York on

Q: Is it legal for a female to be topless in Cattaraugus County in Olean New York?

It is legal by state, just need to know if the city or county has any laws against female toplessness, despite it being legal by state.

Ali Shahrestani, Esq. answered on Jul 8, 2017

Topless where, in public? Usually it's illegal. 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... Read more »

1 Answer | Asked in Employment Discrimination, Constitutional Law, Civil Rights and Criminal Law for New York on

Q: IS THERE A WAY TO BE COMPENSATED BY THE STATE AFTER YOU ARE RELEASED BECAUSE OF MENTAL HEALTH ISSUES AND EMPLOYMENT ?

i WAS incarcerated and now i have mental and or other issues because of the length of time locked up also being the fact i cant find employment i want to know is there away for the state to compensate me while i try to become stable financially and educationally

Barry Eran Janay answered on Jun 6, 2017

Depends on whether you were mistreated while you were incarcerated, which is a high bar. There are all sorts of programs available to help you get back on your feet and if you have a parole officer that person can guide you.

2 Answers | Asked in Contracts, Divorce and Constitutional Law for New York on

Q: A litigant convinces a NY Supreme Court Justice that a NY statute is unconstitutional- can he refuse to apply the law?

If a litigant convinces a NY Supreme Court Justice that a NY statute is unconstitutional, can he refuse to apply the law? Or must he apply the law as written and the litigant then appeal or go to some other court? Thanks!

Ali Shahrestani, Esq. answered on May 26, 2017

What kind of divorce case are you dealing with that would be relevant to Const. Law? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... Read more »

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3 Answers | Asked in Divorce, Family Law, Real Estate Law and Constitutional Law for New York on

Q: The state of New York decides its previous 30-year acknowledgement of a class of economic partnership was a mistake.

If a litigant convinces a NY Supreme Court Justice that a NY statute is unconstitutional, can he refuse to apply the law? Or must he apply the law as written and the litigant then appeal or go to some other court? Thanks!

Barry Eran Janay answered on May 26, 2017

An NY Supreme Court (plenary, county court) justice can determine a law to be unconstitutional and not apply the law, he or she would have to have grounds for doing so based on principles constitutional jurisprudence, scrutiny, and review.

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Constitutional Law for New York on

Q: What is the appropriate Court for a constitutional challenge to a NY statute?

I have legal standing and a very strong argument to challenge the constitutionality of a NY statute. My attorney says I can't challenge the law in the Supreme Court, and that my judge must apply the law as written. She says I must go to another court but doesn't know which one. I think it must... Read more »

Barry Eran Janay answered on May 26, 2017

A Federal District Court located in NY, preferably closest to where the harm / injury / or violation occurred.

2 Answers | Asked in Child Custody, Family Law and Constitutional Law for New York on

Q: I was not allowed to testify on the stand for a Family Court visitation trial...

I just recently within the last week had a second appearance for a trial in family court (NY state). My spouse was allowed to give her testimony on the stand and it was adjourned for lunch. We returned and my spouse continued her testimony. There was another adjournment and was told I would be... Read more »

Aubrey Claudius Galloway answered on May 8, 2017

You absolutely had a constitutional, statutory as a right to speak up in your own defense; you said you "could not?" That's in important question so I will appreciate if u hit me back up.

Also... Just out of curiosity did the trail take place in Yonkers? Hal Greenwald?

Finally,...
Read more »

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