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New York Gov & Administrative Law Questions & Answers
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... View 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....
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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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View 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... View More

Hector E. Quiroga
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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!) .... View 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.

1 Answer | Asked in Employment Law, Gov & Administrative Law, Immigration Law and Education Law for New York on
Q: NYC local govt like NYC Deptt. of Sanitation or Transportation are exempted from E-Verify? Can I work there on STEM OPT?

NYC local government like NYC Deptt. of Sanitation or Transportation are exempted from E-Verify? Can I work there on STEM OPT?

Do the NYC government departments MUST enrolled in E-Verify to hire on STEM OPT even if they are exempted from E-Verify?

Hector E. Quiroga
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Hector E. Quiroga
answered on Dec 8, 2017

Your best bet is to contact the employer directly to ask.

1 Answer | Asked in Employment Law, Immigration Law, Education Law and Gov & Administrative Law for New York on
Q: NYC local govt. like NYC Deptt. of Sanitation or Transportation are exempted from EVerify? Can I work there on STEM OPT?

Do the government departments MUST enrolled in E-Verify to hire on STEM OPT even if they are exempted from E-Verify?

V. Jonas Urba
V. Jonas Urba
answered on Dec 6, 2017

An immigration lawyer or one who serves as counsel (possibly in house) for higher education is best suited to answer this question.

https://studyinthestates.dhs.gov/stem-opt-hub

1 Answer | Asked in Contracts, Estate Planning, Gov & Administrative Law and Real Estate Law for New York on
Q: If you win the lottery in New York state, are you able to claim it through a Trust or LLC.?
Barry E. Janay
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answered on Oct 17, 2017

Depends, most likely yes you can assign it to an entity such as a trust or limited liability company.

1 Answer | Asked in Gov & Administrative Law, Employment Law and Employment Discrimination for New York on
Q: Got a dismissal of the complaint Pursuant 8-123 (h) of the Administrative code. I have 30 days to seek review in the

Have 30 days to seek review in New York State Supreme court

V. Jonas Urba
V. Jonas Urba
answered on Oct 10, 2017

Retain an attorney who handles supreme court cases and do not miss any filing or appeal deadlines.

1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for New York on
Q: In NY State, in the public sector unionized workplaces, how do the parties (workers and employers) enforce their rights?
James Francis Barna
James Francis Barna
answered on Oct 9, 2017

This is a very broad question that can be answered in many ways, but broadly in New York there is legislation (the Taylor Law) that sets up a system of procedures and protections for public sector employers and employees. Under this system, employees have to serve a probationary period after they... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New York on
Q: Can I record video-record a constituent meeting involving me and legislative staff at my congressional office?

I have requested a constituent meting with legislative staff at the congressional office of a U.S. Representative. The office has declined to allow me to video-record the constituent meeting. As this is a publicly funded, taxpayer-subsidized office, am I within my congressional rights to record the... View More

Barry E. Janay
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answered on Sep 11, 2017

Just the fact that it is public doesn't mean it can be recorded (i.e. court proceedings in many instance are not allowed to be recorded).

In certain locales privacy laws have been implemented whereby you cannot record someone without their consent and that also would apply to...
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1 Answer | Asked in Family Law and Gov & Administrative Law for New York on
Q: My 86 year old mother was raised as Ann, her mothers name-her birth certificate however, is Margaret

Her SS card, Medicare card, everything is "Ann" How can I get a legal name change if she already is known as Ann, except on her birth certificate? Any advice greatly appreciated

Michael David Siegel
Michael David Siegel
answered on Aug 16, 2017

Name changes are meant to be done yourself, i.e. DIY or pro se. The clerk in Civil Court in the Bronx (assuming that is where your mother lives) has the forms. It is easy.

2 Answers | Asked in Immigration Law and Gov & Administrative Law for New York on
Q: Since I'm 17 and my mom just became a citizen but im turning 18 next month, does that mean I cant apply for u.s passport

or do I have to take the neutralization test

Kevin L Dixler
Kevin L Dixler
answered on Jun 12, 2017

First, are you a lawful permanent resident? Second, are you studying to become a diplomat? No, just kidding! It is a "naturalization" test. In general, if you were lawfully admitted/adjusted as a lawful permanent resident 'before' your 18th Birthday 'and' your... View More

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1 Answer | Asked in Criminal Law and Gov & Administrative Law for New York on
Q: Is it illegal to download Wikileaks files?
Ali Shahrestani,
Ali Shahrestani,
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... View 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... View More

Bruce McBrien
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... View 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... View More

Barry E. Janay
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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... View 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... View More

Christine Moccia
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... View More

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