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New York Gov & Administrative Law Questions & Answers
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

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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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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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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1 Answer | Asked in Gov & Administrative Law for New York on
Q: Can you really get in trouble if you don’t answer jury questionnaire in New York State ?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 26, 2023

Yes. Pursuant to New York Judiciary Law Section 527, any person who fails to respond to a jury questionnaire served personally or by U.S Mail, and further fails to comply after being served with a “notice of non compliance” personally or via U.S. Mail, may be subject to a “noncompliance... 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 Civil Rights, Legal Malpractice, Landlord - Tenant and Gov & Administrative Law for New York on
Q: What do I do when I have proof of fraud by NYS court employees and Attorneys against me?

Judge, Court Clerk and Attorneys/Landlords NYS

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 11, 2023

You can try reporting the matter to the Office of the Attorney General, https://ag.ny.gov/i-want/use-whistleblower-portal Keep in mind that if your complaint arises out of litigation or a proceeding to which you are a party, it's unlikely that the AG's office will take any action.

1 Answer | Asked in Business Law, Gov & Administrative Law and Government Contracts for New York on
Q: does queens county new york have an assignment of judgement praecipe ?

this question would be for a mortgage lawyer

Jack Mevorach
Jack Mevorach
answered on Aug 20, 2023

Forms aside, what are you trying to do?

Jack

2 Answers | Asked in Business Law, Contracts, Gov & Administrative Law and Government Contracts for New York on
Q: what is the safest way to legally get rid of old business contracts with client information on the contracts ?
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2023

One option is to use a reputable shredding company. They can provide a receipt for completion of the work, which you could retain for your records. Good luck

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1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: Daycare.Got a violation.Days later an AD for lawyer in mailbox.pay 5000.lose. I believe inspector placed ad for lawyer.?

She was labeled a child abuser and lost her daycare license. First Offense. Kid walked toward road. Passerby saw. total time 1-2 mins.Kid walked around the corner of house and like 60 feet. No injuries, perfectly unharmed.Built fence immediately after. can never happen again. Spent all savings.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2023

Further investigation might be necessary to meaningfully address the issues you suspect. But as a general matter, attorneys sometimes learn about matters in a community through seeing public notices, public court or agency records that include judgements, violations, etc. Good luck

1 Answer | Asked in Civil Litigation, Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: Is it not true that only a Judge can dismiss a claim on failure to file a claim upon which relief can be granted?
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2022

Your question straddles a number of categories. I can only speak for the civil part; a criminal defense attorney could address criminal aspects. In my experience, it is the judge who makes decisions on dismissals. Your question includes the word "only." I can only say that I haven't... View More

Q: I live across the street from a developer who used to play nice. You knew what was going to be built 6 months in

advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”

WAS ALL OF THAT LEGAL?????

It’s been a few years.

Do Towns... View More

Elaine Shay
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Elaine Shay
answered on Sep 22, 2022

Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.

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