New York Gov & Administrative Law Questions & Answers

Q: If my 4 yr old grandson stated his two uncles made him drink beer is that grounds to be removed from my daughters home

1 Answer | Asked in Gov & Administrative Law, Family Law and Business Law for New York on
Answered on Dec 5, 2018
Kristen Epifania's answer
Forcing a child to drink beer can certainly be considered endangering the welfare of a child and can thus be a basis for the petition.

Q: Does the Suffolk County Dept. of Social Services have the right to take money from my SSI? Further discussion is needed

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Public Benefits and Social Security for New York on
Answered on Oct 30, 2018
Jonathan David Warner's answer
Under some circumstances, the answer is "yes" - but only with respect to child support, income taxes, criminal restitution, or Social Security overpayments. Give them a call and ask them about it - they'll at least be able to let you know to whom the debt is owed. There have been circumstances where I've been able to negotiate a release of the garnishment, based upon a debtor's financial hardship.

Consult with an attorney in your area regarding this matter.

Good luck!

Q: Appealing a denied vaccination exemption. How does the state define sincere religious belief? No vaccines in 9 years...

1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law, Civil Rights and Education Law for New York on
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.

Q: Why aren't public unions covered under the LMRDA?

1 Answer | Asked in Employment Law, Gov & Administrative Law and Municipal Law for New York on
Answered on Aug 31, 2018
V. Jonas Urba's answer
I think the more important question is how long might labor unions continue to exist in the form we knew them to be?

A big part of society seems to be rebelling against laws and rules. Sort of like the "let those who ride decide" movement opposing motorcycle helmets years ago.

There are costs to laws and rules and to not having laws and rules.

When we make it an extreme challenge to fire someone we have to expect that creative managers and unions will figure out how to...

Q: DCA New York denied Electronic Cig License to my business. I am looking for an attorney who can help with appeal.

1 Answer | Asked in Business Law and Gov & Administrative Law for New York on
Answered on Aug 25, 2018
Michael David Siegel's answer
Honestly, forget it. I think they have stopped issuing these.

Q: What happens if an illegal immagrent gets caught driving with out a license and registration, insurance is not theirs

1 Answer | Asked in Criminal Law and Gov & Administrative Law for New York on
Answered on Aug 4, 2018
Aubrey Claudius Galloway's answer
It depends on the jurisdiction, but pleading guilty could affect immigration status and any judge will tell this to a defendant prior to a plea. In general, these cases are criminal if the person has a “guilty mind” meaning that they knew the license and our registration was expired; if they had no knowledge it is the VTL509 violation which is not a criminal offense.

Criminal law is my primary area practice and, although our prices are very reasonable at $180 an hour for...

Q: I have one question and that is --do judges and district attorney accept letters from families ?

2 Answers | Asked in Criminal Law, Arbitration / Mediation Law and Gov & Administrative Law for New York on
Answered on May 9, 2018
Andrew S. Tabashneck's answer
I am very sorry to hear your are going through this.

To answer your question, yes, you can most certainly send a letter to the judge and the district attorney. In fact, you could even call the district attorney, or the assistant district attorney assigned to the case, and ask to meet with her. It is very possible she may meet with you and you could address the concerns you have. At the same time, uou may want to be careful because, depending on the ada, you could bring your daughter...

Q: Hello ! Can i have another j1 visa (aupair program ) after 2 years ?

2 Answers | Asked in Gov & Administrative Law and Immigration Law for New York on
Answered on May 8, 2018
Hector E. Quiroga's answer
There is nothing to indicate that you would not be able to come back. It simply could be a rule of the company with which you worked.

Q: I had a building in my name for just over 2 months last year. I decided to transfer it back to the previous owner.

1 Answer | Asked in Real Estate Law, Tax Law, Gov & Administrative Law and Intellectual Property for New York on
Answered on Jan 13, 2018
Michael David Siegel's answer
Not responsible for taxes. You cannot get rent unless the lease says you can collect. The whole thing is weird though, and the reason for the transfers could be an issue for income and gift taxes.

Q: Real estate closing cost Error ? Who's responsibility

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for New York on
Answered on Jan 11, 2018
Michael David Siegel's answer
This could be a fraud, so double check. You are responsible for any tax. Withholding is a prepayment, not a tax, which you calculate when you file. If $1000 is the issue, you are probably going to have to pay it.

Q: NYC local govt. like NYC Deptt. of Sanitation or Transportation are exempted from EVerify? Can I work there on STEM OPT?

1 Answer | Asked in Employment Law, Immigration Law, Education Law and Gov & Administrative Law for New York on
Answered on Dec 6, 2017
V. Jonas Urba's answer
An immigration lawyer or one who serves as counsel (possibly in house) for higher education is best suited to answer this question.

https://studyinthestates.dhs.gov/stem-opt-hub

Q: If you win the lottery in New York state, are you able to claim it through a Trust or LLC.?

1 Answer | Asked in Contracts, Estate Planning, Gov & Administrative Law and Real Estate Law for New York on
Answered on Oct 17, 2017
Barry Eran Janay's answer
Depends, most likely yes you can assign it to an entity such as a trust or limited liability company.

Q: Got a dismissal of the complaint Pursuant 8-123 (h) of the Administrative code. I have 30 days to seek review in the

1 Answer | Asked in Gov & Administrative Law, Employment Law and Employment Discrimination for New York on
Answered on Oct 10, 2017
V. Jonas Urba's answer
Retain an attorney who handles supreme court cases and do not miss any filing or appeal deadlines.

Q: In NY State, in the public sector unionized workplaces, how do the parties (workers and employers) enforce their rights?

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for New York on
Answered on Oct 9, 2017
James Francis Barna Esq's answer
This is a very broad question that can be answered in many ways, but broadly in New York there is legislation (the Taylor Law) that sets up a system of procedures and protections for public sector employers and employees. Under this system, employees have to serve a probationary period after they are hired, but after that probationary period, most employees are protected by "just cause" job protections. That is, the employer must have an objectively good reason to terminate an employee, which...

Q: Can I record video-record a constituent meeting involving me and legislative staff at my congressional office?

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Answered on Sep 11, 2017
Barry Eran Janay's answer
Just the fact that it is public doesn't mean it can be recorded (i.e. court proceedings in many instance are not allowed to be recorded).

In certain locales privacy laws have been implemented whereby you cannot record someone without their consent and that also would apply to legislators and their staff.

If you want detailed research, advising, and consultation I'm happy to assist, but there of course would be a fee involved.

Q: My 86 year old mother was raised as Ann, her mothers name-her birth certificate however, is Margaret

1 Answer | Asked in Family Law and Gov & Administrative Law for New York on
Answered on Aug 16, 2017
Michael David Siegel's answer
Name changes are meant to be done yourself, i.e. DIY or pro se. The clerk in Civil Court in the Bronx (assuming that is where your mother lives) has the forms. It is easy.

Q: Since I'm 17 and my mom just became a citizen but im turning 18 next month, does that mean I cant apply for u.s passport

2 Answers | Asked in Immigration Law and Gov & Administrative Law for New York on
Answered on Jun 12, 2017
Kevin L Dixler's answer
First, are you a lawful permanent resident? Second, are you studying to become a diplomat? No, just kidding! It is a "naturalization" test. In general, if you were lawfully admitted/adjusted as a lawful permanent resident 'before' your 18th Birthday 'and' your mother became a Citizen 'before' your 18th Birthday, then you should derive Citizenship. Therefore, there is no need to file for naturalization and take the tests. However, you must file form N-600, not N-400, and must provide...

Q: Is it illegal to download Wikileaks files?

1 Answer | Asked in Criminal Law and Gov & Administrative Law for New York on
Answered on Jun 6, 2017
Ali Shahrestani, Esq.'s answer
Arguably, yes - if the files are confidential, which they usually are. But one might have various defenses, i.e., their confidentiality was lost once published, 1st Amendment rights, and other defenses. 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 website, www.AEesq.com. I...

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