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New York Military Law Questions & Answers

2 Answers | Asked in Employment Law and Military Law for New York on

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

I’m in the national guard. I’ve always submitted my orders and a “did preform” letter from my unit signed by my rediness NCO but now my employer wants my LES.

V. Jonas Urba answered on Nov 27, 2018

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;... Read more »

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1 Answer | Asked in Employment Law, Health Care Law and Military Law for New York on

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

Just found out I have asthma after being in the army for 4 years. Prior to the military I was in perfect health and passed all health exams with flying colors. I want to know what i have to do to get out of the military and get my benefits/disability for this, without the rundown on them trying to... Read more »

V. Jonas Urba answered on Sep 18, 2018

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 -...
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1 Answer | Asked in Divorce and Military Law for New York on

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

We were married in December 2011 and have been separated, not legally, for a long time and I have been asking for a divorce since 2015. We have a child together, he does not help me financially, he has been in training since September 2017 and I am currently unemployed. I live with my boyfriend and... Read more »

Christine Moccia answered on Feb 6, 2018

Special procedure for service on a member of the military. Consult a matrimonial attorney.

1 Answer | Asked in Criminal Law and Military Law for New York on

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

Lee A. Koch answered on Oct 10, 2017

If you were sentenced to the stockade for six months, then you weren't AWOL. Your duty was to be in the stockade.

1 Answer | Asked in Family Law and Military Law for New York on

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

Someone got married to a woman who had previously been married. At least three years ago, he knew that she had her cousin forge her ex-husband's signature on the divorce papers. He still was considered married to her and still collected around two years of BAH, knowing the marriage was fraudulent.

Patrick Korody answered on Aug 23, 2017

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,... Read more »

2 Answers | Asked in Military Law for New York on

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

Ali Shahrestani, Esq. answered on Jul 25, 2017

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/... Read more »

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1 Answer | Asked in Military Law for New York on

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

I am claiming service connection for methadone dependence and the old law states that because of drug abuse it was non service connected. The new law 38 CFR 3.301(c)(2)(3) suggests that it can be service connected ?

Aubrey Claudius Galloway answered on Mar 23, 2017

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...
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1 Answer | Asked in Animal / Dog Law, Civil Rights, Landlord - Tenant and Military Law for New York on

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

I'm medically retired US Army veteran and am accompanied by a 10lbs Maltese dog as an ESA by doc recommendation. Been rejected by hotels. Now having hard time finding a hotel or Airbnb room(until I find a place to live) in New York.

Ali Shahrestani, Esq. answered on Jan 23, 2017

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,...
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1 Answer | Asked in Divorce and Military Law for New York on

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?

I understand that they can count VA Disability in CS calculations. But I am 40% disabled. I receive $699 for wife and 1 Child. and $32 for each additional child. I am remarried with a total of 7 children and only two kids with the ex-wife. Will they use the income of 891 for all my kids and... Read more »

Ali Shahrestani, Esq. answered on Jan 20, 2017

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... Read more »

1 Answer | Asked in Military Law for New York on

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

They have my keys because I was pulled over on post, I did not receive any citations or wasn't charged with anything they gave me a warning. I have not signed any paperwork agreeing to him having my keys. I am not restricted to drive on post, received any Article 15, UCMJ action, or even a negative... Read more »

Robert Jason De Groot answered on Aug 31, 2015

Why ? There must be some reason. Perhaps you should go see a military lawyer about this.

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