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New York Gov & Administrative Law Questions & Answers
1 Answer | Asked in Gov & Administrative Law and Municipal Law for New York on
Q: NYSP had vehicle involved in fatal MVA taken to impound 36 miles away, instead of 2 miles. Who pays $900 bill?

Boyfriend/driver was found with drug paraphranalia while being transferred to hospital. Troopers got court order for blood test. My daughter (owner/passenger) was killed. Bill was for towing to NYSP impound, rather than local shop nearby.

James L. Arrasmith
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answered on Mar 2, 2024

Based on the limited details provided, here is a summary of the key considerations around who pays the $900 impound bill:

- As the registered owner of the vehicle, your daughter's estate would likely be considered responsible for the accrued impound fees. However, fault in the accident...
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1 Answer | Asked in Civil Rights, Elder Law, Gov & Administrative Law and Municipal Law for New York on
Q: I'm on a woman's Shelter waiting for housing with a City Voucher. It appears the Voucher is not going to help me.

We were told we could report.Real Estates who do not accept the Voucher or ask us for money to find an apartment. Legally what can we do in this case?

James L. Arrasmith
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answered on Feb 24, 2024

In this situation, it's essential to understand your rights and the legal protections available to you as someone seeking housing assistance with a City Voucher. Firstly, you should familiarize yourself with the local housing laws and regulations that govern the acceptance of vouchers by... View More

2 Answers | Asked in Gov & Administrative Law and Health Care Law for New York on
Q: a licensed laser technician can do cranial therapy just being certified or a additional massage therapy license required

I wanna practice cranial therapy, I know that to do body work a license is required, and Massage therapy schooling is costly and long, I am wondering if any other kind of license to do body work will allow me to legally practice cranial therapy?

James L. Arrasmith
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answered on Feb 23, 2024

In many jurisdictions, practicing cranial therapy typically requires specific licensure or certification beyond just being a licensed laser technician. While requirements may vary depending on where you are located, cranial therapy often falls under the umbrella of bodywork or massage therapy,... View More

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1 Answer | Asked in Gov & Administrative Law for New York on
Q: Can I register for a new jersey license plate when I live in new york city
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2024

This is something that attorneys who deal regularly with DMV and related matters would know best, but your post remains open for two weeks. You could check with DMV's online resources, but many people who have out-of-state plates usually use an alternate address that they maintain in the other... View More

1 Answer | Asked in Gov & Administrative Law, Tax Law and Business Law for New York on
Q: Looking for guidance on unique Statute of Limitations for property seizure in NY state

I had a large amount of losses (from 2009 and 2010) that were initially dis-allowed by the IRS which resulted in an audit and a no change letter

NY State followed suit, and disallowed my losses on my NY return, however, they never followed the Federal when my losses were deemed to be... View More

James L. Arrasmith
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answered on Feb 4, 2024

In New York State, the rules surrounding the statute of limitations for tax collections and the ability to claim refunds or credits can be intricate. Typically, there is a limit on how long the state can pursue taxpayers for alleged debts, as well as a limit on how long taxpayers have to claim a... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Municipal Law for New York on
Q: I work in Herkimer County NY as a Peace Officer. Can I work as a bartender-serving alcohol in Oneida County NY?
T. Augustus Claus
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answered on Jan 4, 2024

Whether you can work as a bartender serving alcohol in Oneida County, NY, while employed as a Peace Officer in Herkimer County, depends on the specific rules and regulations governing Peace Officers' secondary employment and any potential conflicts of interest. It is advisable to consult your... View More

Q: I want to charge a subscription for stock tips based on my trading algorithmI am a successful private trader. Legal?

I will not handle anyone else's money for them.

I will provide only the stock tips, and advisement on how best to limit risk, and set goals.

Anyone taking my advice makes their own decisions.

Do I need a license to do this?

James L. Arrasmith
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answered on Dec 15, 2023

Providing stock tips and investment advice through a subscription service, even without directly handling others' money, often falls under the regulatory oversight of both federal and state securities laws. In New York, as well as under federal law, individuals or entities providing investment... View More

Q: Can my company commander (army) deny me leave for a explicit doctors note for my wife.

My wife just had a miscarriage caused by my company commander and 1SG, we got a doctor’s note explicitly saying because she has 2 kids and recovering from a miscarriage that she’s on bed rest and that I need to be home to take care of her. They only gave me 3 days when the doctor said 2 weeks.

James L. Arrasmith
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answered on Dec 1, 2023

In the U.S. military, leave requests are generally subject to approval by a commanding officer, considering both the needs of the service and the individual circumstances of the service member. In cases like yours, where there's a critical family situation such as a medical emergency,... View More

1 Answer | Asked in Employment Law, Civil Rights, Constitutional Law and Gov & Administrative Law for New York on
Q: Once a settlement is reached in a NYSDHR case, how much time will the paying party have to make the payment?

Can the case be reopened and taken to trial if the paying party fails to make a payment or send over and documents regarding the settlement? It has been 6 months since company settled during NYSDHR pre trial settlement. Still have yet to receive any stipulations, statements, notifications on... View More

James L. Arrasmith
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answered on Nov 23, 2023

When a settlement is reached in a New York State Division of Human Rights (NYSDHR) case, the timeline for the payment by the paying party is usually outlined in the settlement agreement itself. This timeline can vary depending on the specifics of the agreement. If there's no specific timeline... View More

1 Answer | Asked in Gov & Administrative Law and Probate for New York on
Q: How do I go above a corrupt courts head? Clerk would not even accept documents to file appeal making me untimely?

Probate court has violated every rule and law as well as executor even criminal I believe but I can't afford an attorney. What do I do?

T. Augustus Claus
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answered on Sep 29, 2023

If you believe that the court is acting improperly, you may be able to file a complaint with the judicial conduct board or another oversight body. You might also attempt to file your appeal in a higher court, but failure to meet deadlines may be problematic.

2 Answers | Asked in Traffic Tickets and Gov & Administrative Law for New York on
Q: I lost my license ver 10 years (Suffolk County, NY). It was due to lapse of insurance, I missed the court date. Help..
Howard E. Knispel
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Howard E. Knispel
answered on Sep 6, 2023

First you need to make sure you clear up everything with the DMV, pay any fines and, if you need, turn in your plates. Once that is cleared up, you need to clear up your situation with the SCTPVA. You need to pay whatever default fines were assessed. Speak to a traffic attorney.

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2 Answers | Asked in Gov & Administrative Law for New York on
Q: Can I legally put a neighbor's mail back in his roadside mailbox?

If wind blows a neighbor's mail from his open roadside mailbox onto my property, is it legal for me to put it back in his mailbox?

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2023

From a common sense standpoint, it would be a courteous and polite thing to do in being a good neighbor. But from a legal standpoint (since you ask "legally,"), if your neighbor might not appreciate people on their property, it could technically be considered trespass or privacy... View More

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3 Answers | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for New York on
Q: I received a package with bars of Platinum in my locked PO box, the mail man signed for it, can i keep the bars?

I opened the package as it was addressed to my address and i had recently ordered something from amazon, but instead of a book, two 1oz bars of platinum fell out of the package. A few days later, a manager from one of the local post offices came to my door asking if i had gotten the package, i... View More

John Michael Frick
John Michael Frick
answered on Jun 22, 2023

No, you are not allowed to keep the platinum bars as they do not belong to you and were delivered to you by mistake.

Unknowingly receiving them isn't a crime, but willfully retaining them with knowledge they are not yours may be. I recommend you make arrangements to return them as...
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1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: The driving law states in nyc a driver with a permit needs dual brakes, yet while taking the road test while you only

Have a permit and don't need dual brakes

Tim Akpinar
Tim Akpinar
answered on May 10, 2023

Here is an excerpt from the NYS Department of Motor Vehicles regarding dual brakes...

"If you have a junior learner permit, you may drive in any of the five boroughs in New York City between the hours of 5 AM and 9 PM only under the direct supervision of your parent, guardian, a person...
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2 Answers | Asked in Immigration Law, Gov & Administrative Law and Military Law for New York on
Q: Do I need to sign up for Selective Service if I plan to move out of the U.S?

I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high... View More

James L. Arrasmith
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answered on May 16, 2023

If you are a male and a permanent resident or citizen of the United States, you are generally required to register for Selective Service within 30 days of turning 18 years old. This requirement applies regardless of your future plans to move out of the United States permanently. However, if you... View More

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2 Answers | Asked in Immigration Law, Gov & Administrative Law and Military Law for New York on
Q: Do I need to sign up for Selective Service if I plan to move out of the U.S?

I been living in the U.S for more than a decade now ever since I was a toddler on a green card. However, I plan to move out of the United States permanently, and go back to S. Korea to attend university there because I'm a Korean citizen. The problem is that I will be graduating from high... View More

Carl Shusterman
Carl Shusterman
answered on May 8, 2023

In the United States, almost all male U.S. citizens and male immigrants residing in the U.S. who are 18 through 25 years old are required to register with the Selective Service System. This includes U.S. born and naturalized citizens, parolees, undocumented immigrants, legal permanent residents,... View More

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1 Answer | Asked in Personal Injury, Gov & Administrative Law and Municipal Law for New York on
Q: How difficult is suing the City for property damages sustained by the FDNY after they couldn’t close a fire hydrant?

FDNY broke a hydrant after putting out a fire. The streets were flooded, Catch Basins and Sewers were clogged and there was no where for water to drain but into our all our basements causing extensive damage. Comptrollers Office just rejected our claims. Three property owners filed claims with the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 27, 2023

Sorry to hear what happened to your property. Before you can formally sue a municipality such as the City of New York for negligence, you must first file a Notice of Claim within 90 days of the occurrence. Once you've filed a Notice of Claim (a prerequisite to any lawsuit), you have 1 year... View More

1 Answer | Asked in Health Care Law, Education Law and Gov & Administrative Law for New York on
Q: If the judge put a neglect case on me but I got my children back can I go to school to become a nurse to care for adults

I want to go to nursing school or am I not allowed to have nursing license in ny state

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2023

This may be something that most Criminal Defense attorneys and Health Care Law attorneys (categories chosen for the post) do not casually deal with on a regular basis. It may be more along the lines of professional licensing. You could try reposting under Education Law, which might be a closer... View More

2 Answers | Asked in Copyright, Intellectual Property, Civil Rights and Gov & Administrative Law for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... View More

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2023

Aside from intellectual property issues, there can be tort law issues. Diligent publishers will review certain manuscripts to ensure that a book does not open the door to allegations of libel, the act of defaming (causing damage to dignitary interests) a person in written form. Good luck

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2 Answers | Asked in Copyright, Intellectual Property, Civil Rights and Gov & Administrative Law for New York on
Q: What laws must I know to write a book or movie about a fictional version of a recentish event, mentioning real names?

The event in question took place a couple of decades ago. Some of the main people involved are dead and some are alive. It's a relatively well known/publicized event, though not everyone's involvement is super well known its all easily available in news articles. I want to know about... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Feb 3, 2023

You potentially have to contend with the New York Civil Rights Law §§ 50 and 51, New York’s “Right of Privacy” law, which prohibit the use “for advertising purposes, or for the purposes of trade” of the name, portrait or picture of any living person without obtaining his or her prior... View More

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