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New York Gov & Administrative Law Questions & Answers

1 Answer | Asked in Criminal Law and Gov & Administrative Law for New York on

Q: Is it illegal to download Wikileaks files?

Ali Shahrestani, Esq. answered on Jun 6, 2017

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... Read more »

3 Answers | Asked in Employment Law, Gov & Administrative Law and Workers' Compensation for New York on

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

I thought I was ineligible for unemployment as I was fired for misconduct. However, it turns out that I am eligible, even though I turned in my application 3.5 months late. As such, I missed all of this time of unemployment benefits prior to my application date. Can I file with NY state to retrieve... Read more »

Bruce McBrien answered on Jun 6, 2017

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... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights and Gov & Administrative Law for New York on

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

OCFS returned a decision on 8-25-2016 after a special hearing on 5-4-2016, regarding a finding that stemmed from a report in 2009. The hearing demonstrated many things, including that there was never any factual basis, that no such claim was even made, that there was no investigation, other matters... Read more »

Barry Eran Janay answered on May 4, 2017

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... Read more »

1 Answer | Asked in Divorce, Immigration Law, Stockbroker Fraud and Gov & Administrative Law for New York on

Q: What will happen and what should do ?

Hello

I was f1 visa student I got married in 2016 us citizen girl , we filled up the applications for the immigration and I got my ssn and the work authorization card ( work permit ) , and we still pending for the first interview , waiting when they will schedule our interview, I found her... Read more »

Christine Moccia answered on Mar 13, 2017

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... Read more »

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for New York on

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

Ali Shahrestani, Esq. answered on Feb 27, 2017

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... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on

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

Brian Lehman answered on Feb 9, 2017

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... Read more »

1 Answer | Asked in Family Law and Gov & Administrative Law for New York on

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

I'm an actor on B'way and am a member of the Actor's Equity Association. Through the union, only one person can have a name, and my legal name was taken, so was curious if there's a way to legally have an "also known as" for my Equity union name in addition to my legal name.

Ali Shahrestani, Esq. answered on Feb 8, 2017

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/... Read more »

1 Answer | Asked in Communications Law and Gov & Administrative Law for New York on

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

i believe that the statue that governs this would be 47 usc 312, there was never so much as a show cause order issued or any official inquiry

Ali Shahrestani, Esq. answered on Feb 3, 2017

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...
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1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New York on

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

Ali Shahrestani, Esq. answered on Feb 2, 2017

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... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Gov & Administrative Law for New York on

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

Should that diss miss a criminal case?

Andrew M. Stengel answered on Jan 25, 2017

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?

One of the three partners was responsible for securing operating funds and was the former tenant of the acreage involved. He applied for and was approved for an FSA microloan prior the formation of the LLC. He invested part of the FSA sourced funds back into the LLC farm but at a reduced stake in... Read more »

Barry Eran Janay answered on Jan 23, 2017

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.... Read more »

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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Gov & Administrative Law for New York on

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

Since I posted, I received a call back from the records department at DMV who informed me that Governor Cuomo had put into law that all DWI information originally slated to fall off your abstract after 10 years has now been changed to 15 years. She told me that the computer actually went back in... Read more »

Aubrey Claudius Galloway answered on Jan 2, 2017

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...
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1 Answer | Asked in Gov & Administrative Law, Personal Injury and Municipal Law for New York on

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

If you file against a case against the city and they don't answer the complaint does that means I can not sue does? If I don't get a 50 H hearing and a civil suit and the other family did does that means I have no suit and they do?

Adam Studnicki answered on Nov 14, 2015

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...
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1 Answer | Asked in Gov & Administrative Law for New York on

Q: When will my refusal hearing be held?

Mark A. Siesel answered on Jul 21, 2011

By law, your refusal hearing must be held within 15 days of your arraignment or your license must be reinstated.

1 Answer | Asked in Gov & Administrative Law for New York on

Q: Can I testify at a DWI Refusal Hearing?

Mark A. Siesel answered on Jul 16, 2011

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... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on

Q: What is a 50-H Hearing?

Mark A. Siesel answered on Jul 11, 2011

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... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on

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

Mark A. Siesel answered on May 4, 2011

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... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on

Q: What are the issues at a refusal hearing?

Mark A. Siesel answered on May 3, 2011

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... Read more »

1 Answer | Asked in Gov & Administrative Law for New York on

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

Mark A. Siesel answered on Apr 30, 2011

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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