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New York Gov & Administrative Law Questions & Answers
2 Answers | Asked in Gov & Administrative Law and Traffic Tickets for New York on
Q: Using iPhone to adjust hearing aid volume

I received a violation for using a cell phone, in White plains,ny, while adjusting the volume on my blue tooth hearing aid. (I was holding the iphone in my hand to do this).

When making calls the iPhone sits on the seat next to me as my hearing aids make the call(s) hands free.

Zev Goldstein
Zev Goldstein answered on Jan 11, 2020

Using a hand free device is explicitly allowed by VTL §1225-c2a and VTL §1225-d does not rescind VTL §1225-c2a.

VTL §1225-d(2). For the purposes of this section, the following terms shall have the following meanings:

(a) "Portable electronic device" shall mean any hand-held...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for New York on
Q: Can a volunteer fire officer supervise career firefighters and career fire officers?
Tim Akpinar
Tim Akpinar answered on Dec 25, 2019

This sounds like something that an employment attorney might be more likely to know than attorneys in the posted categories - if there is a possibility the issue is addressed in a collective bargaining agreement or other employment-related contract. Municipal or administrative laws might not go... Read more »

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for New York on
Q: Can Federal Labor law requiring employers to pay you overtime for mandatory training be waived in a Union Contract

I am a County Employee. As part of our collective bargaining agreement, the county requires us to attend mandatory training on our own time. My question is- can FLSA / Labor Law be negotiated away in a collective bargaining agreement?

V. Jonas Urba
V. Jonas Urba answered on Oct 7, 2019

Looks like that requires a thorough reading and analysis of your collective bargaining agreement. Most employment lawyers will probably charge for reviewing and analyzing employment contracts.

You can always present that issue to PERB the NYS Public Employment Relations Board. Generally,...
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1 Answer | Asked in Criminal Law and Gov & Administrative Law for New York on
Q: I have been charged and arraigned in a federal court with a conspiracy charge.

I am currently on PTR and my lawyer is recommending a safety valve meeting. I only have a misdemeanor poss. In the 7th on my record and wpuld like to know since I only have less then 60 days in jail on that charge, will I have the option to do 0-6 months in jail since I only have 1 Point?

Gary Kollin
Gary Kollin answered on Oct 1, 2019

You have an attorney. Consult with your attorney

Q: SSDI hearing

Will I get denied if I do not have an attorney at my court hearing?

Cristina M. Lipan
Cristina M. Lipan answered on Aug 19, 2019

You won't get denied just because you don't have an attorney, but you're much more likely to be successful if you have one. That's because an attorney will know what records you need and will argue why you should be considered disabled. However, you will need to get an attorney as soon as the... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Federal Crimes and Gov & Administrative Law for New York on
Q: If my probation officer said I can't visit an inmate a year ago is it possible she could change her mind?

Will I never be allowed to visit an inmate while on probation or could she change her mind

Gary Kollin
Gary Kollin answered on Aug 14, 2019

There is no harm in asking or filing for a waiver

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Gov & Administrative Law for New York on
Q: Help filing suit for breech of contract.

I pawned my stereo for $125 with the understanding that I would be back to pick it up within 7 days. I called on the 4 day and was told it got sold a few days prior. He not only broke out deal, but he broke state law by selling the item before the 5 day minimum wait time. I have a witness to the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 7, 2019

The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Gov & Administrative Law for New York on
Q: Having issue with speeding in my neighborhood. No sidewalks. Kids ride bikes in road and local residents speed past kid.

Wondering of rights as resident. Called town and being told keep kids out of road. Not addressing the law breaking of residents. Put slow down structure at foot of driveway. What else can I do to stop a child from being killed. What are the children's rights.

Peter N. Munsing
Peter N. Munsing answered on May 23, 2019

Petition the local city council or whatever form of government you have for placement of a speed limit sign etc. However kids should not be riding bikes on roadways unless they are fully competent, have helmets on etc. We lived on a road like that and that's one of the reasons we moved--no way... Read more »

1 Answer | Asked in Employment Law and Gov & Administrative Law for New York on
Q: Is it illegal for a NYC Govt agency to tell staff they will get a pay raise but then never give it to them?

I was told (not in writing) that I would be getting two $2 raises ($16 to $18 to $20 per hour), but it's been over two years and they never gave me either raise. What law for NYC or NYS says this is not allowed, and where can I find that law to show my employer?

V. Jonas Urba
V. Jonas Urba answered on Feb 21, 2019

Have you asked your union, assuming you belong to one? Your union contract protects everyone. It's called a collective agreement for a reason.

If you have no union and you continue working for the lower pay have you ratified that? Meaning agreed to it?

If you have no written, signed...
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1 Answer | Asked in Gov & Administrative Law, Family Law and Business Law for New York on
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

My grandson has told his other grandmother that he tasted beer that his uncles forced him to drink beer she went and did a show cause and the judge granted her temp custody. Child protection came and looked around and said nothing seemed like it was unsafe . How can a judge just take my grandson... Read more »

Kristen Epifania
Kristen Epifania answered on Dec 5, 2018

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.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Public Benefits and Social Security for New York on
Q: Does the Suffolk County Dept. of Social Services have the right to take money from my SSI? Further discussion is needed
Jonathan David Warner
Jonathan David Warner answered on Oct 30, 2018

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... Read more »

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

We moved here 2 months ago and our kids are doing great in schools. We applied for the vaccine exemptions as we have the last 9 years and we were denied because the school district claims we weren't sincere in our religious beliefs. The system in place to appeal seems extremely legalistic. It feels... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 16, 2018

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.

1 Answer | Asked in Employment Law, Gov & Administrative Law and Municipal Law for New York on
Q: Why aren't public unions covered under the LMRDA?
V. Jonas Urba
V. Jonas Urba answered on Aug 31, 2018

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...
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1 Answer | Asked in Business Law and Gov & Administrative Law for New York on
Q: DCA New York denied Electronic Cig License to my business. I am looking for an attorney who can help with appeal.

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Michael David Siegel
Michael David Siegel answered on Aug 25, 2018

Honestly, forget it. I think they have stopped issuing these.

1 Answer | Asked in Criminal Law and Gov & Administrative Law for New York on
Q: What happens if an illegal immagrent gets caught driving with out a license and registration, insurance is not theirs
Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Aug 4, 2018

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... Read more »

2 Answers | Asked in Criminal Law, Arbitration / Mediation Law and Gov & Administrative Law for New York on
Q: I have one question and that is --do judges and district attorney accept letters from families ?

my daughter was arrested for trespassing 2nd degree.

she is a crystal meth /heroin /bath salts user- she self injects including her legs - has had sepsis 3 times hospital. I do not want to ask for mercy I want them to know how bad things are....

I want the judge and or DA to know... Read more »

Andrew S. Tabashneck
Andrew S. Tabashneck answered on May 9, 2018

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...
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2 Answers | Asked in Gov & Administrative Law and Immigration Law for New York on
Q: Hello ! Can i have another j1 visa (aupair program ) after 2 years ?

Hello i been an aupair early this year , after 3 months unfortunately i had to go back cause the agency couldnt Find me another family , and They Even found me a family that was against the program rule . I came back and i know i have to wait 2 years, But agency telling me now that since i didnt... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on May 8, 2018

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.

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1 Answer | Asked in Real Estate Law, Tax Law, Gov & Administrative Law and Intellectual Property for New York on
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.

I received a property tax bill. Am I responsible for these taxes? Also, I never collected rent from this property because the previous owner said that I wouldn't take over until November. Can I fight to get the rent for the months this building was in my name?

Michael David Siegel
Michael David Siegel answered on Jan 13, 2018

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.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for New York on
Q: Real estate closing cost Error ? Who's responsibility

Me and my wife sold our apartment, they was a foreign withholding tax that was pay to the IRS now 6 month later got a letter from the buyer lawyer stating an error was made and the IRS is missing 15000.00 dollar plus 1000.00 for interests and late fee (the IRS letter is addressed to the buyer!) .... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 11, 2018

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.

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