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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!
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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.
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... View More 
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answered on May 26, 2017
A Federal District Court located in NY, preferably closest to where the harm / injury / or violation occurred.
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... View More
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?... View More
answered on May 3, 2017
A statute insulates social media from such suits. 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, testimonials, and media appearances/... View More
I am working for Employer A and Got a Full time Opportunity with Employer B.
Employer B Filed LCA Got Approved Yet to File Form I-129/ H1B Transfer Initiation to USCIS.
I need to resign from Employer A. Which is the better one and safest one.
Resigning after receiving the... View More
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answered on May 2, 2017
You do have reason to be concerned. This must be handled exactly right. Both your companies either have or should have immigration attorneys. You questions should be directed to them. If you want to speak with a private attorney, you will have a consultation fee and a review of your documents will... View More
I had a news reporter barge into our office (private property) for a news segment. She did not inform me she was filming me. Or ask for permission. She didn't even make an appointment to meet with us. As the office manager, I was the one who had to speak to her and informed her that I'm... View More
answered on Apr 29, 2017
That sounds like trespassing and infringement of your privacy rights, assuming you told her to get out, stop filming, and didn't authorize the publication. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
I am a wiccan, and my religious views, Wicca, believes in drinking wine on certain religious occasions. Is there a way I can drink for these occasions before I turn 21?
answered on Apr 27, 2017
See: http://drinkingage.procon.org/view.resource.php?resourceID=002591
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, testimonials, and... View More
I'm trying to get a better understanding of these cases a someone whose not a law student. From what I understand, obscene material is determined to be so (Roth decision) when it meets only one of the three prongs ( a. whether "the average person, applying contemporary community... View More
answered on Apr 27, 2017
See: http://courses.cs.vt.edu/professionalism/Censorship/3-prong-test.html
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, testimonials,... View More
I believe that it is a Toxic Chemical keeping my Physically Disabled and when I try to prove this, the proof is gone, like in my own Medical Records, I looked for a clue. I found that the diseases I have can come from a Toxic, but this has never been said. its like they told me, but at the same... View More
answered on Apr 20, 2017
This case seems like a difficult case to prove causation in, however, the first step to anything in this, is to send all of your healthcare providers duly executed HYPPA AZs requesting copy of ALL MEDICAL RECORDS FROM ALL DATES. They will then send you an invoice and once you pay it, and it is... View More
The grievance was filed late as a result I loss my job. Which form should I file? Is it the PERB IMPROPER PRACTICE?
answered on Apr 14, 2017
I would go with a summons and complaint or a summons with notice
This specifically concerns women's rights to have control over their bodies and terminate a pregnancy. Do states have a legal or judicial right to deny abortion during, say the first trimester when about 85% or abortions occur? I am interested in which articles, laws "guarantee" a... View More
answered on Apr 12, 2017
Depending on the jurisdiction a fetus is viable (meaning a person) between 20 weeks and 24 weeks; in New York State fetus is considered viable after 24 weeks.
So to answer your question concisely after 24 weeks hey fetus is considered A person
Based on the abolition of the principle of economic partnership, it denies compensation to one half of those who had entered contracts under that false reassurance. Is the law constitutional? Does it not violate the 5th Amendment which prohibits the ex post facto regulatory taking of private... View More
answered on Mar 22, 2017
Your facts are vague. 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, testimonials, and media appearances/ publications on my law practice... View More
Tickets are summery offenses and in NYS constitution says that such offenses must be witnessed and a viewing a video is not witnessing the violation and in turn most municipalities were using 3rd party contractors not police officers to 'witness' the video and issue citations ... is this... View More
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answered on Mar 6, 2017
Last I checked they were being enforced, the "witness" issue you raise is a red herring since a police officer / camera technician can be called as a witness. If you're planning on blowing by red lights I urge you not to ;)
For almost ten years the watchtower has ignored my request to be on their no-knock list. On top of that not one person you speak to over the phone will give you a name or employee number so you can try and document the request. Do I have any recourse? Or are my rights as a homeowner superceded by... View More
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answered on Feb 21, 2017
Until it becomes harassment, as that term has been interpreted and defined by the courts, you likely have no recourse. If you are offended and wanted to get a civil restraining order that would be at significant cost for a private attorney to do for you and there would not be a guarantee of any... View More
A Uniformed NYPD Patrol Officer claims that he has the right to conduct an ongoing criminal investigation. that has now exceeded 10 years.
answered on Feb 8, 2017
There's no inherent wrong-doing here in your presented information, but it depends on all 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. You can read more about me, my credentials, awards,... View More
Who won the case?Did Endo got Justice?And how united states was right to take this kind of decision?What was U.S position on this case?
answered on Feb 4, 2017
See: https://supreme.justia.com/cases/federal/us/323/283/
The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA,... View More
My brother is filling out an application to become an officer. It wants him to list immediate family members and there address. Does this mean background check. If so, don't I have to approve it since I was never convicted of a felony or misdemeanor, or any crime? Also if I listed my address... View More
answered on Feb 3, 2017
Background checks look at publicly available information and private information of the applicant upon the applicant's approval. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
answered on Feb 2, 2017
Great question! The President is supposed to uphold the Constitution of the USA. If he issues executive orders or takes other actions that clearly violate the Constitution, this may be a basis for impeachment. However, there are so many nuanced interpretations of Constitutional law that a President... View More
WHO DOES IT AFFECT AND WHY
answered on Jan 24, 2017
See: http://www.zlien.com/bond-claims/new-york-little-miller-act-statute/
The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law... View More
answered on Jan 20, 2017
All pleas in criminal matters should be voluntary. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the... View More
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