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New York Gov & Administrative Law Questions & Answers
2 Answers | Asked in Contracts, Copyright and Gov & Administrative Law for New York on
Q: Can I create a brand called s.c.u.m or would their be a conflict ?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Oct 3, 2020

It is important to understand that brand and trademark are different concepts. You can create a brand using that designation, and from a marketing point it might be alright. However, from a legal standpoint it is a best practice to go through a clearance process thinking of trademark and copyright... View More

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1 Answer | Asked in Gov & Administrative Law and Products Liability for New York on
Q: We would like info on liability waivers concerning Covid19 for our church, Hopps Memorial.We are thinking of reopening

The building around the first of the year.

Thank you

E

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2020

The format of this board could make it difficult for an attorney to contact you. This is more a question and answer board than a referral service - if you want to hire an attorney or arrange a consult, you could reach out to the attorneys here (Find-a-Lawyer tab above), or ones you find in your own... View More

1 Answer | Asked in Constitutional Law and Gov & Administrative Law for New York on
Q: Is it against federal or state law for a police department to ask a civilian to do investigations without compensation
Victor M. Feraru
Victor M. Feraru
answered on Sep 14, 2020

I'm not sure what you mean. I'm guess you mean to have someone be a confidential informant and not pay? I'd need more details before I could answer this question.

1 Answer | Asked in Gov & Administrative Law for New York on
Q: I was hired for food service and they refuse to train me I felt bad

In the interview they said they will train you but I was there for 2 days and most of the employees were refuse to train me and then they just let me go for no reason

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2020

Your question remains open for two weeks - there's no guarantee that all questions are picked up. But you could try reposting under Employment Law, where you might have better chances of an attorney who deals with these types of situations seeing your question. This looks like it's more... View More

1 Answer | Asked in Gov & Administrative Law for New York on
Q: to get a state 10yr dmv transcript while all vechiles registered under each licence printed w/ an atty @ the dmv ofc

I need an atty escort to the dmv office to make the request am it has to be a state 10yr transcript

and to track/research each registered vechile to it's true orginial owner

Tim Akpinar
Tim Akpinar
answered on Jul 25, 2020

This isn't an attorney referral service. It's only a question & answer board. If you are seeking an attorney, you will need to reach out to one. See the Find a Lawyer tab above. Good luck

Tim Akpinar

2 Answers | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for New York on
Q: How much would a lawyer charge to apply for state teacher certification in all 50 States. What is the time frame?

I am interested to know if someone can apply for teacher certification for me in all 50 states. I have an Advanced Professional Certificate in Two Subject Areas, and an Administrator Credential. I have 15 years of teaching experience, could someone do this? If so could you give a rough time... View More

Tim Akpinar
Tim Akpinar
answered on May 28, 2020

Why do you want to pay a lawyer to do something you could accomplish on your own? It doesn't require legal skills to apply for teacher certification. Given your credentials, you are clearly bright enough to deal with the process. But if you wish to have a lawyer handle it for you, you could... View More

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Q: I need to prove that I am being tortured because the ppl doing it are getting away with it. I need representation.

Seeking legal advise but months later there is still no response on here.

Derek John Soltis
Derek John Soltis
answered on May 10, 2020

Call an attorney that specializes in civil rights. You are not likely to get information that can help you on a public forum.

1 Answer | Asked in Gov & Administrative Law and Landlord - Tenant for New York on
Q: Sheriff locked out of my apt 1 wk before eviction freeze in NY, due to Covid19. Can I temp get back in? Stuck in car.

All my belongings still remain bec I can't get help to move due to State quarantine. Stuck sleeping in my car instead of my apt with my belongings. Landlord can't rent to anyone else during Covid-19 State of Emergency anyways. ***I'm located in Saratoga County, not NYC

Gregory Byrnes
Gregory Byrnes
answered on Mar 24, 2020

You should first contact the landlord. If that doesn't work you can go to the local courts (I am not sure what Court in Saratoga handles housing matters) and file an order to show cause requesting post eviction relief. It is 100% up to the judge whether to let you re-enter.

1 Answer | Asked in Gov & Administrative Law for New York on
Q: What gives gov. Coumo the authority to lock nys down? Unable to find where he has this authority.
Tim Akpinar
Tim Akpinar
answered on Mar 23, 2020

It could be in more than one place under NYS laws, NYS Constitution, executive orders, emergency legislation emerging as the crisis evolves, or other powers granted or reserved to the offices of all governors in times of emergency. Good luck

Tim Akpinar

1 Answer | Asked in Business Law, Consumer Law, Gov & Administrative Law and Public Benefits for New York on
Q: Can an organization use a Established nonprofit’s name with no relation to it in a marketing campaign?

It would be used in a campaign to bring legislative awareness to a cause no related to the nonprofit with the name.

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2020

It could depend on the context. If the organization alleged that such use adversely impacted its reputation or other interests, it could object to the use or bring legal action. There's no way to predict what an organization would do. One option is to consult with an attorney familiar with the... View More

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...
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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... View 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... View 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... View 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... View 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,...
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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... View 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.

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