New York Military Law Questions & Answers

Q: Do I have to provide my LES to my civilian employer after each drill?

2 Answers | Asked in Employment Law and Military Law for New York on
Answered on Nov 27, 2018
V. Jonas Urba's answer
Have you asked HR why they need it? There might be a very legitimate reason and if they are requiring that from all reservists why object? If you needed a workplace accommodation and your employer kept requesting more and more clarification from your physician would you not have to provide that; within reason?

Q: I just found out I have asthma and I have been in the army for 4 years.

1 Answer | Asked in Employment Law, Health Care Law and Military Law for New York on
Answered on Sep 18, 2018
V. Jonas Urba's answer
Can you perform your job duties with or without a reasonable accommodation? Have you requested an accommodation?

What does your doctor say?

What does a lawyer who handles military claims, usually a former JAG Corps lawyer, think? Or someone who handles federal work comp claims - they are out there.

Q: My spouse is at training for military, is there a special procedure for divorce or is an uncontested divorce okay?

1 Answer | Asked in Divorce and Military Law for New York on
Answered on Feb 6, 2018
Christine Moccia's answer
Special procedure for service on a member of the military. Consult a matrimonial attorney.

Q: I was in the stockade for six months of hard labor,does this time served go on your record as AWOL?

1 Answer | Asked in Criminal Law and Military Law for New York on
Answered on Oct 10, 2017
Lee A. Koch's answer
If you were sentenced to the stockade for six months, then you weren't AWOL. Your duty was to be in the stockade.

Q: What is the punishment for knowingly collecting bah for being married when the marriage is fraudulent in the Army?

1 Answer | Asked in Family Law and Military Law for New York on
Answered on Aug 23, 2017
Patrick Korody's answer
This is a unique question - fraudulent marriages are normally marriages that, at the time the marriage occurred, were done with the intent to wrongfully obtain certain benefits, like BAH. It sounds like the marriage was legit and not for the purpose of stealing BAH, so the intent would be absent, thus no larceny of BAH. There may be a separate crimes such as false statements, but that would require an in-depth review of the case.

Q: my husband has been arrested for desertion for the second time and is facing court martil what should i do ?

2 Answers | Asked in Military Law for New York on
Answered on Jul 25, 2017
Ali Shahrestani, Esq.'s answer
He should hire an attorney to defend him. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...

Q: What happens when one military is replaced with a new law? Which law is binding in my compensation claim ?

1 Answer | Asked in Military Law for New York on
Answered on Mar 23, 2017
Aubrey Claudius Galloway's answer
The answer is as follows:

"The law that was in place at the time the cause of action arose shall be binding, even if said law was modified or overturned during the course of the lawsuit." (the public/legislative policy behind this is that one should not be held responsible for laws allegedly broken that were not even in existence at the time the act "breaking them" occurred.

That said, I would contact a good appeals / constitutional lawyer.

So again, the old law...

Q: What's the NY law for veterans, accompanied by EmotionalSupport Animals(dog) staying hotels, rooms, housing,Airbnb

1 Answer | Asked in Animal / Dog Law, Civil Rights, Landlord - Tenant and Military Law for New York on
Answered on Jan 23, 2017
Ali Shahrestani, Esq.'s answer
See: https://www.thelpa.com/NYservice_animals_brochure.pdf

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: My ex-wife is taking me to court for CS increase.We only have 2 kids can they count my VA Dis of 7 kids in amount?

1 Answer | Asked in Divorce and Military Law for New York on
Answered on Jan 20, 2017
Ali Shahrestani, Esq.'s answer
NY child support cases consider all your income and expenses in making orders. 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...

Q: Im in the Army, does my SGT have any right to keep my car keys from me?

1 Answer | Asked in Military Law for New York on
Answered on Aug 31, 2015
Robert Jason De Groot's answer
Why ? There must be some reason. Perhaps you should go see a military lawyer about this.

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