New York Gov & Administrative Law Questions & Answers

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...

Q: NY State: I thought am ineligible for unemployment benefits but it turns out that I am. Can I file retroactively?

3 Answers | Asked in Employment Law, Gov & Administrative Law and Workers' Compensation for New York on
Answered on Jun 6, 2017
Bruce McBrien's answer
You can still file for benefits but it will be difficult to recover if you did not file for your weekly benefits over the past 3.5 months. The Department of Labor requires that you file for benefits every week, even when you have been denied and are trying to overturn the decision. In NY State you are entitled to 26 weeks of benefits during the year so you may get benefits going forward if you are still out of work, you have not lost those weeks.

It's not clear from your question if you...

Q: Re: NYS-OCFS-SH decision in bad faith, timeliness, options.Can there be an exception for timeliness? Other recourse?

1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for New York on
Answered on May 4, 2017
Barry Eran Janay's answer
If you can prove you didn't receive the decision then you may still get your case heard via the Article 78 specia proceeding. Depending on how much or what rights are at stake you should consider hiring an attorney to assist you. Hey maybe even an attorney Justia considers a Level 7 attorney with 438 Answers and 26,758 Points like me :)

Q: What will happen and what should do ?

1 Answer | Asked in Divorce, Immigration Law, Stockbroker Fraud and Gov & Administrative Law for New York on
Answered on Mar 13, 2017
Christine Moccia's answer
You need to speak to a qualified immigration law attorney. I can advise you that if you want to seek a divorce, you have grounds regardless of any adultery. As far as the implications with respect to your status in this country, please see a qualified immigration attorney or contact a local legal aid office or immigration assistance office to see if you qualify for free representation.

Q: Can my local town force me to put my electric service wires underground

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for New York on
Answered on Feb 27, 2017
Ali Shahrestani, Esq.'s answer
Yes, based on various public utilities and construction laws. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...

Q: Does the New York City Police Department have jurisdiction over the New York City Health and Hospitals Corporation?

1 Answer | Asked in Gov & Administrative Law for New York on
Answered on Feb 9, 2017
Brian Lehman's answer
The New York City Hospital Police Department (NYHP) is the law enforcement agency in New York City who's duties are to provide onsite safety and security services at hospitals and clinics operated by the New York City Health and Hospitals Corporation (HHC) and to enforce state and city laws at those facilities. They are authorized to make warrantless arrests, issue criminal court summonses, and use physical force.

Local precincts of the New York Police Department ("NYPD") may take the...

Q: Looking for info on filing legally for an AKA on my driver's license in NYS?

1 Answer | Asked in Family Law and Gov & Administrative Law for New York on
Answered on Feb 8, 2017
Ali Shahrestani, Esq.'s answer
You may consider changing your name through court filings. 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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...

Q: Is there any amount of time that the federal communications commision needs to act of a pending license renewal app?

1 Answer | Asked in Communications Law and Gov & Administrative Law for New York on
Answered on Feb 3, 2017
Ali Shahrestani, Esq.'s answer
See: https://www.fcc.gov/media/radio/broadcast-radio-license-renewal

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. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...

Q: Is it an impeachable offense for an American president to go against the Constitution of the United States?

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New York on
Answered on Feb 2, 2017
Ali Shahrestani, Esq.'s answer
Great question! The President is supposed to uphold the Constitution of the USA. If he issues executive orders or takes other actions that clearly violate the Constitution, this may be a basis for impeachment. However, there are so many nuanced interpretations of Constitutional law that a President may issue executive orders that are arguably couched in the Constitution.

See: http://www.gq.com/story/donald-trump-executive-orders-explained

Also See:...

Q: Can a sheriffs investagater into some ones garage without permission or a warrant for questioning a person for a crime

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for New York on
Answered on Jan 25, 2017
Andrew M. Stengel's answer
Unless law enforcement has a warrant or there is some exception to the warrant requirement, the search is probably barred. If the search was unconstitutional, then it is possible that evidence that was recovered as a result may be supressed as the fruit of the poisonous tree.

Q: One of the parties joining our LLC appears to have secured an FSA loan with LLC crops and acreage. Is this legal?

2 Answers | Asked in Business Law, Agricultural Law, Gov & Administrative Law and Government Contracts for New York on
Answered on Jan 23, 2017
Barry Eran Janay's answer
You are right to be worried since based on the facts you've given it does appear that a violation of the terms of the loan took place at best and it may be fraud at worst. All of this can affect the LLC if a lawsuit is filed or if property owned by the LLC becomes the subject of the litigation. Some of the actions that the LLC can take would be to suspend the member who took out the loan using the LLC's assets as collateral and demand that he produce all records concerning the loans so that...

Q: How did a 2002 DWI conviction drop off my NYS DMV Abstract after 10 years & now reappear on my latest abstract 1wk ago?

1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Gov & Administrative Law for New York on
Answered on Jan 2, 2017
Aubrey Claudius Galloway's answer
This was most likely an oversight as it should be on permanently. THAT SAID, after 10 years, you may petition a Court of competent jurisdiction to expunge and seal the conviction. This is often difficult, but considering it was (hopefully) a non-violent crime, certainly doable.

A few questions and I can provide you with further answers:

1. What was your BAC? (This is important b/c .04 to .08 in NY is a DWAI (Driving While Ability Impaired), which is only a violation. Whereas...

Q: What happens when you file a lawsuit against the city and they don't respond

1 Answer | Asked in Gov & Administrative Law, Personal Injury and Municipal Law for New York on
Answered on Nov 14, 2015
Adam Studnicki's answer
Not clear what you're asking in the details. Normally, in civil cases, if a defendant doesn't answer a properly-filed and served complaint, the plaintiff can file for a default judgment. Best to consult with a local lawyer about your matter.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...

Q: When will my refusal hearing be held?

1 Answer | Asked in Gov & Administrative Law for New York on
Answered on Jul 21, 2011
Mark A. Siesel's answer
By law, your refusal hearing must be held within 15 days of your arraignment or your license must be reinstated.

Q: Can I testify at a DWI Refusal Hearing?

1 Answer | Asked in Gov & Administrative Law for New York on
Answered on Jul 16, 2011
Mark A. Siesel's answer
You are permitted to testify. However, the determination as to whether you woudl testify depends on the strength of the case that is presented against you by the police officer. On several occasions, I prepared my client to testify at a Refusal Hearing, but then due to the weakness of the case offered by the police officer, decided to waive my client's testimony to avoid damaging cross examination by the Judge which could reverse the weakness of the case against the client. On other...

Q: What is a 50-H Hearing?

1 Answer | Asked in Gov & Administrative Law for New York on
Answered on Jul 11, 2011
Mark A. Siesel's answer
A 50-h hearing is essentially a deposition or examination under oath which is conducted by a municipality such as a town or village when you make a claim against that municipality for personal injuries and or property damage arising out of an accident or incident. You will be asked a series of questions concerning your personal background, the accident, and the injuries and damages you suffered as a result of that accident.

Q: I have a refusal hearing coming up. Should I testify at the hearing or not?

1 Answer | Asked in Gov & Administrative Law for New York on
Answered on May 4, 2011
Mark A. Siesel's answer
This is a difficult question to answer since several factors go into the decision. If you do testify, both the judge and the police officer can cross examine you. The officer must testify first, and if your attorney is able to cross examine the officer effectively, it is probably better that you do not testify. For example, if your attorney is able to create an issue as to the probable cause for the stop, or whether the refusal warnings were given clearly and properly, it would be better if...

Q: What are the issues at a refusal hearing?

1 Answer | Asked in Gov & Administrative Law for New York on
Answered on May 3, 2011
Mark A. Siesel's answer
At a refusal hearing, the issues are as follows: First, did the police officer make a valid stop of your vehicle; Second, were you issued clear and unequivocal warnings about your refusal to take a chemical test of your blood, breath or urine; Third, did you "persistently" (more than once) refuse to take a chemical test. If the administrative judge finds clear evidence on those three issues, you will be be found to have refused a chemical test.

Q: What are the penalties if I am found guilty at a refusal hearing?

1 Answer | Asked in Gov & Administrative Law for New York on
Answered on Apr 30, 2011
Mark A. Siesel's answer
If the judge fins that you did refuse a chemical test, you will be fined $750.00 and your license will be suspended for one year if you have a non-commercial license, and 18 months if you have a commercial license.

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