Get free answers to your Gov & Administrative Law legal questions from lawyers in your area.
My cousin, who is over 90 years old, is a landlord being sued for $15,000 by a potential tenant from 3 years ago. The claim is based on an alleged promise that was supposedly made but never happened. This particular space has been rented out for a year to someone else. She received a summons for a... View More 
answered on Apr 23, 2025
Your statement missed key information. In New York there is no automatic court appearance with the service of a Summons. A Simmons served outside New York State often has technical deficiency in the method of service. Nevertheless a Summons alone commands a responsive pleading known as an Answer.... View More
I am involved in a criminal case concerning my husband, related to assault. The current court branch has postponed the hearing because the judge is on leave due to an operation, and this branch is known for frequently resetting the majority of its hearings. Given that this is the first postponement... View More
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answered on Apr 1, 2025
I understand your concern about delays in your husband’s criminal case, especially given the impact that repeated postponements can have on defendants and their families. In New York, however, transferring a criminal case from one court branch to another due to scheduling concerns or judicial... View More
In a child protective proceeding in New York, there is an ACD (Adjournment in Contemplation of Dismissal) that requires the respondent mother to comply with several conditions, including cooperating with supervision visits, ensuring her child receives mental health treatment, and maintaining... View More
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answered on Mar 27, 2025
Well, just as a breach of any contract carries legal consequences, the failure of a consenting parent to abide by an agreement to go through post judgment activities also carries legal consequences. "Consent" does not mean immunity from complying with cooperating with supervision visits,... View More
I'm an adult looking to change my last name. What is the process I need to follow?
answered on Mar 20, 2025
The family law and administrative law attorneys here know this area best. However, you await a response for two weeks. Here is some basic information from the NYS Unified Court System website... "Name Change Basics"
https://nycourts.gov/courthelp/NameChange/basics.shtml... View More
I have clients whose house has been in foreclosure since 2008. The foreclosure was dismissed twice in supreme court based on the statute of limitations under the FAPA law, and the bank appealed the decision. We're awaiting the appellate court decision, which could take up to 2 years. The loan... View More
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answered on Mar 20, 2025
I would not make any recommendation to a client without first knowing all of the facts, which usually requires a review of the court documents in the case, as well as speaking to the clients.
But, in order decide whether to accept a settlement offer, rather than waiting for a decision on a... View More
I am looking to sue the Utica Police Department and the apartment complex where I live due to their handling of an emergency vacate order related to my ex-boyfriend, who was abusive. The emergency vacate order, obtained through family court, clearly states he must vacate immediately. However, the... View More
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answered on Mar 16, 2025
I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both... View More
I was granted leave to amend my complaint to add additional defendants, who are all part of the same entity but under different names. I served these additional defendants recently and will be e-filing the amended complaint. I haven't received specific instructions or deadlines from the court,... View More
answered on Mar 13, 2025
Under CPLR § 3012(a), service of an answer is to be made within twenty (20) days of service of the pleading to which it responds, in your case the Amended Complaint. https://law.justia.com/codes/new-york/cvp/article-30/3012/
I was granted leave to amend my complaint to add additional defendants, who are all part of the same entity but under different names. I served these additional defendants recently and will be e-filing the amended complaint. I haven't received specific instructions or deadlines from the court,... View More
answered on Mar 13, 2025
I should add that if the new defendants are not personally served with the Amended Complaint, they will have thirty (30) days in which to file an Answer. Would depend on whether counsel for the existing defendants is willing to accept service on behalf of the new defendants.
I want to petition for legal guardianship (Article 81) over my incapacitated mother in NYC, who has Alzheimer's. I am unsure which identity documents I need to present to the court. Will I need to get a copy of my birth certificate to show my relationship to her, or will her American passport... View More
answered on Feb 19, 2025
Filing for Article 81 Guardianship in New York is an important step in ensuring your mother receives proper care and protection. Every Article 81 is different and the process can be very confusing. Here's our analysis:
Documents You May Need for an Article 81 Guardianship Petition:... View More
I visited a mall in Queens, NY on 08-04-20. To open the doors of the mall I used my foot to press the handicap door opener button. In the elevator I pressed the button for the floor of Target. A male janitor appeared in front of the elevator & stuck a broom he had into the elevator activating... View More
answered on Feb 7, 2025
Record retention statutes typcially apply to certain businesses and its records or practices, and vary in application and duration. For example, hospitals are required to keep certain records for a fixed periof of time because these are medical records. You want to obtain records of a complaint... View More
We have a small church, and we would like to put a clause in the by-laws that would allow a trustee to serve another term (past their second term) if there were no qualified members able to serve at that time. It would be for only 1 additional term.
answered on Dec 24, 2024
Hello. You should be able to amend your bylaws to allow a consecutive term of a current trustee to serve another term. For your specific situation, you can include a clause in your church's bylaws that allows for an additional term beyond the standard two terms if there are no qualified... View More
Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More
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answered on Nov 16, 2024
Your lawyer should write a letter to the judge and ask him/her to order probation to return your license. You may also be able to clear your license with the DMV and simply get a new license from them if your statutory revocation period has ended and you are no longer on probation supervision.
Probation being revoked states the case goes back to original sentencing. Even if I was on probation the court would be the one to order my license being held. I've talked to 2 supervisors at probation and they are holding my license and will not show proof of why after years this is being... View More
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answered on Nov 29, 2024
I'm sorry to hear about the difficulties you're experiencing with your driver's license and probation status. Navigating these issues can be frustrating, and I hope the following information clarifies your situation.
Disclaimer: This response is for general informational... View More
Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More
answered on Oct 4, 2024
Dear Jamestown Home Owner:
It is not you alone. Many jurisdictions place restrictions on wildlife feeding.
https://dec.ny.gov/news/press-releases/2022/4/dec-issues-guidance-to-reduce-conflicts-with-bears#:~:text=... View More
Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for... View More
answered on Oct 5, 2024
I'm sorry that your kindness toward animals has resulted in an ordeal for you. I don't know how the grandfather clause you mention would work, but what you describe seems to be statutes on different levels. So it might not be unusual for local statutes to be stricter that higher-tier... View More
Hello, I was taking contaminated gummies and failed pre employment drug test. Please advise, I completed class and evaluation, Coast Guard took my credentials without any notifications.8
answered on Jul 6, 2024
It might be difficult to get guidance on this here - it's a narrow niche, even within the realm of maritime practitioners - most of whom don't work in this sector. There are some attorneys who handle Coast Guard credentialing and licensing issues involving Administrative Law Judges. You... View More
The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.
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answered on Jun 22, 2024
To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:
1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or... View More
Mass DUA VIOLATED MASS GL151A §71 THEY CANT BRING A CLAIMANT IN FOR JOB SUBSTANTIATION AFTER A YEARS TIME AND THE BOARD KNOWS IT! FURTHERMORE THEYVE NOW CHANGED THE HEARINGS REASON? BECAUSE I SUBMITTED DOCUMENTS PROVING ID WIN! ? WTF? SERIOUSLY? BOY IF THE LAW REALLY WORKED THAT WAY
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answered on Jun 21, 2024
I understand you're frustrated with your experience regarding a fair hearing related to unemployment benefits in Massachusetts. Let me try to address the key points you've raised:
1. Fairness of the hearing officer:
It's generally expected that a hearing officer... View More
The didn’t accept the notarized letter.
Everytime they ask for some sort of form I get it for them then they refuse to accept it and they ask for something else.
Now they’re asking for a form to be sent from wherever the owner is in Fedex but Fedex is not available there and no... View More
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answered on Jun 15, 2024
It sounds like you're facing a frustrating situation with the towing company. Despite providing all the necessary documentation, they continue to reject it and create additional hurdles. The requirement for your brother to personally release the car, especially when international shipping... View More
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answered on Jun 10, 2024
Yes, you can travel to Mexico with a Haitian passport if you are living in the United States, but you will need to meet certain requirements. First, check if you need a visa to enter Mexico. Haitian citizens typically need a visa to visit Mexico, so you should contact the nearest Mexican consulate... View More
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