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New York Municipal Law Questions & Answers
1 Answer | Asked in Municipal Law and Public Benefits for New York on
Q: Is it illegal to live alone in New York City without a source of income?

I am a disabled citizen

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 31, 2017

I've heard of no such law. 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... Read more »

1 Answer | Asked in Municipal Law for New York on
Q: Can a mayor be appointed if position is available in a current term

Mayor given appinted by board members

Barry Eran Janay
Barry Eran Janay answered on Jan 26, 2017

Depends on the town / municipality's election and office holder laws, certainly someone can be appointed as an interim mayor of there is a vacancy.

1 Answer | Asked in Election Law and Municipal Law for New York on
Q: what is the number of signatures needed to petition to go for referendum at a local village, regarding a proposed law
Peter N. Munsing
Peter N. Munsing answered on Aug 23, 2016

Check with your local village's charter or similar document, contact local league of women voters.

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
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...
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1 Answer | Asked in Municipal Law for New York on
Q: I was injured when I fell on a city sidewalk but I was unaware of the notice of claim requirement. Can I still sue?
Mark A. Siesel
Mark A. Siesel answered on Jul 22, 2011

You would have to submit a motion to file a late notice of claim, which naturally will be strongly opposed by the attorneys representing the City. Whether you will win this motion depends on several factors, including whether the City can prove that they were "prejudiced by the delay"... Read more »

1 Answer | Asked in Municipal Law for New York on
Q: I want to sue for malicious prosecution now that I was found not guilty. What is my time frame?
Mark A. Siesel
Mark A. Siesel answered on Jul 19, 2011

You must file and serve a notice of claim, (generally within 90 days) and must file and serve a complaint within one year of a determination that you were not guilty of the crime or violation.

1 Answer | Asked in Municipal Law for New York on
Q: What is the statute of limitations for an injury claim against the sanitation department?

My car was struck by a town sanitation truck, I hurt my knes, and now I need surgery.

Mark A. Siesel
Mark A. Siesel answered on Jul 9, 2011

You have one year and ninety days from the date of an accident to sue a town, village, city or one of it's departments. More importantly, though, you must make sure to file a notice of claim against the town, the sanitation department and the driver of the truck within 90 (ninety) days of the... Read more »

1 Answer | Asked in Municipal Law for New York on
Q: What section of the cplr would govern the county clerk
Mark A. Siesel
Mark A. Siesel answered on May 25, 2011

This is a very general question, and I would need more detail to give a specific answer. There are numerous sections of the CPLR that make reference to county clerks. Many topics regarding county clerks are found in Article 80 of the CPLR, and in particular, in sections 8019, 8020 and 8021.

1 Answer | Asked in Municipal Law for New York on
Q: My case was just dismissed in Kings County Supreme Court. Where is the appellate Court for Kings County?
Mark A. Siesel
Mark A. Siesel answered on May 1, 2011

Kings County is part of the 2nd Department, and the appellate division Court is located in Brooklyn for the 2nd Department.

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