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1 Answer | Asked in Criminal Law, Elder Law and Municipal Law for New York on
Q: What kind of lawyer do I need to fight for me against the town and the two people who killed my sister.

I finally found hard evidence that he killed my sister with his medication which showed on the toxicology report that it was his meds. The prescription read his name on the bottle. The detective had taken a picture of the meds. There is way to much to tell on here... I am living a nightmare, I am... View More

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

My advice is to contact the New York State Police and provide to them the toxicology report and other hard evidence while explaining that you are having difficulty with the local police and sheriff's dept.

The New York State Police may have received other similar reports regarding...
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1 Answer | Asked in Civil Litigation for New York on
Q: i have a question about tree line cutting.

Ilooked upcase law in new york Holser v

geerlott 2021 . I hired a guy to cut the trees down and i recieved $1630 dollars for the logs. Now my neighbor had a new survey done and the one stake does not match were my stakes were.I have 7trees then that were cut just over on his line. now... View More

Peter Klose
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answered on Apr 17, 2024

Crazy that you should ask this question right now as a I prepare to go to a full jury trial for the removal of brush on a lot. Google RPAPL 861. The problem is that sometimes you can be liable for trespass, treble damages and punitive damages, depending upon the allegations and proof. You... View More

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for New York on
Q: I have a writ of certiorari petition packet from the US Supreme Court that needs to be done on, or before 6/6/2024.

I have difficulties in understanding some pages, such as: 1)related cases 2)in the table of authorities cited on part that asks cases 3)statement of the case. These are the 3 that I have difficulties in understanding, in which, I have to make sure that I fill it out correctly or it will get... View More

Charles Holster
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answered on Apr 17, 2024

The questions you are asking are very basic, and the fact that you have to ask them suggests that you should not be attempting this appeal to the U.. Supreme Court without legal representation.

Q. what does related case mean? A. related cases" means other cases that you are involved...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for New York on
Q: Should inhumane mistreatment in a prison automatically result in a transfer of the mistreated inmate?

If the courts have knowledge shouldn’t they do something about it? And how can they trust the prison from not continuing to do it? Which is why they should probably be transfered?

James L. Arrasmith
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answered on Apr 16, 2024

There are several important considerations to weigh regarding automatically transferring inmates who have been inhumanely mistreated:

On one hand, the priority should be protecting the safety and human rights of incarcerated individuals. If an inmate has faced abuse, assault, torture, or...
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1 Answer | Asked in Immigration Law for New York on
Q: Can I reapply for a visa during the grace period in the US?

If I decide to extend my O-1B visa for 1 more year, can I apply during the grace period?

James L. Arrasmith
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answered on Apr 16, 2024

Regarding your question about reapplying for a visa during the grace period in the US, here are a few key points:

- The grace period for O-1 visas is 60 days after the visa expires. During this time, you are allowed to remain in the US but cannot work.

- It is generally recommended...
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4 Answers | Asked in Bankruptcy for New York on
Q: Do you have to report social security benefits in Chapter 7 filing?

My mother is a senior with credit card debt and is essentially judgment proof because she only receives pension and social security, no other income or assets. Do social security benefits get reported in Chapter 7 filing papers in NY?

Martin E. Long
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answered on Apr 19, 2024

Social Security Benefits are included monthly income in Schedule I but are excluded from the Means Test. The Means Test is the initial threshold for determining Chapter 7 qualification. Her pension would be included in the Means Test. Chapter 7 gives peace of mind to an elderly person who does not... View More

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4 Answers | Asked in Bankruptcy for New York on
Q: Do you have to report social security benefits in Chapter 7 filing?

My mother is a senior with credit card debt and is essentially judgment proof because she only receives pension and social security, no other income or assets. Do social security benefits get reported in Chapter 7 filing papers in NY?

James L. Arrasmith
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answered on Apr 19, 2024

When filing for Chapter 7 bankruptcy in New York, it is necessary to report all sources of income, including Social Security benefits. This is crucial for providing a complete financial picture, even though Social Security income is generally protected from being claimed by creditors under federal... View More

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4 Answers | Asked in Bankruptcy for New York on
Q: Do you have to report social security benefits in Chapter 7 filing?

My mother is a senior with credit card debt and is essentially judgment proof because she only receives pension and social security, no other income or assets. Do social security benefits get reported in Chapter 7 filing papers in NY?

Michael O'Leary
Michael O'Leary
answered on Apr 16, 2024

Social Security benefits do not have to be included in your Means Test. These benefits should be listed in Schedule I (Income) of your bankruptcy petition, but the entire amount can be "backed out" on Schedule J (Expenses), as 42 USC 407 makes it clear that Social Security benefits have... View More

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4 Answers | Asked in Bankruptcy for New York on
Q: Do you have to report social security benefits in Chapter 7 filing?

My mother is a senior with credit card debt and is essentially judgment proof because she only receives pension and social security, no other income or assets. Do social security benefits get reported in Chapter 7 filing papers in NY?

Howard E. Knispel
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Howard E. Knispel
answered on Apr 16, 2024

You do report Social security on schedule I and the means test but it does not count toward the means test result. Pension income gets reported on both and does count. Speak to an attorney to decide whether filing is beneficial.

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3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

James L. Arrasmith
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answered on Apr 23, 2024

In New York, an employee may be able to sue their employer for negligent infliction of emotional distress (NIED) if the employer's negligent actions caused the employee to suffer severe emotional distress. However, succeeding in such a claim can be challenging, as you would need to prove the... View More

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3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 19, 2024

Sorry to hear what happened to you. In New York, you can only recover for negligent infliction of emotional distress where the behavior in question is extreme and outrageous. An actuarial error relating to your payroll deduction likely does not likely qualify.

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3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2024

I'm sorry for your ordeal. It's difficult to say with certainty whether the consequences you suffered from the payroll deduction would present the basis for a strong case. Although it's clear that you suffered here, and such damages are always part of the recovery inventory in a... View More

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1 Answer | Asked in Landlord - Tenant and Sexual Harassment for New York on
Q: I’d liked some legal advice regarding housing and tenants rights

I have been residing in my aunt and her husband's home since 2009 without paying rent, as no agreement was made initially.

However, recent events have led to a challenging situation. My aunt's husband made unwanted sexual advances toward me, which I rejected and exposed. Since... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry you're dealing with this awful situation. What your aunt's husband did is sexual harassment and completely unacceptable. You have every right to live free from harassment and retaliation.

Since you've been living there long-term without a rental agreement,...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: I rented an apartment for my daughter full time and myself whenever I was in NY. The one year lease expired October2023

I want out I no longer want it. If my daughter wants to maintain on her own it’s on her. Am I responsible still? Should I advise the landlord about this?

James L. Arrasmith
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answered on Apr 16, 2024

Given that your one-year lease expired in October 2023, your legal obligations and the best course of action depend on a few factors:

1. Lease renewal: If you or your daughter did not sign a new lease or lease extension after the expiration of the original lease, you are likely on a...
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1 Answer | Asked in Immigration Law for New York on
Q: Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY.

Hi, my brother in law took a plea deal of 2 years and shock incarceration in NY. After he is released will ICE attempt to deport him?

James L. Arrasmith
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answered on Apr 15, 2024

In this situation, it's possible that your brother-in-law may face deportation proceedings after his release, depending on several factors:

1. Immigration status: If he is not a U.S. citizen, he might be subject to deportation. Legal permanent residents (green card holders) and those...
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2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?

James L. Arrasmith
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answered on Apr 16, 2024

I understand your concern about the credit card debt lawsuit and judgment. Here's some information that may help:

1. Statute of limitations: In 2022, New York reduced the statute of limitations for consumer credit card debt from 6 years to 3 years. However, this change only applies to...
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2 Answers | Asked in Bankruptcy and Consumer Law for New York on
Q: I am in NY. In 8/19 a credit card debt lawsuit was filed against me. Last month a judgement was filed.

I have received no correspondence and do not recall the initial lawsuit notification. Is the statue of limitations up? I saw that NY went from 6 years to 3 years. What are my options?

Carl Nelson
Carl Nelson
answered on Apr 15, 2024

The statute of limitations runs from when a cause of action accrues to when a complaint upon that cause of action may be commenced. If they have a judgment, your right to raise that as a defense now is likely waived.

You may want to speak to an attorney about the implications of the...
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1 Answer | Asked in Landlord - Tenant for New York on
Q: Do I need my roommates approval for a new roommate if I've already received confirmation from the landlord it's okay?

I will be breaking my lease and am responsible for finding the new tenant.

Steven Warren Smollens
Steven Warren Smollens
answered on Apr 13, 2024

Dear Brooklyn Tenant:

Why are you responsible for a replacement when State Law leaves replacing a departed tenant with the remaining co-tenants?

All you would need is a written agreement with the landlord and your co-tenants to remove you from the lease agreement and allow the...
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1 Answer | Asked in Civil Rights, Constitutional Law and Communications Law for New York on
Q: Can a hotel/restaurant place audio recording devices in their establishment?

The cameras are connected to another employees phone and said person listens to other people’s conversations that are not in regards to the business. Also no signs are posted that audio is being used. The cameras are used to eavesdrop.

James L. Arrasmith
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answered on Apr 12, 2024

In New York, it is illegal to record or eavesdrop on an in-person or telephone conversation unless at least one party to the conversation consents. This law applies to private establishments like hotels and restaurants as well.

According to New York Penal Law 250.05, "A person is...
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1 Answer | Asked in Immigration Law for New York on
Q: I am on F1 visa, can i start an llc, and take the income, or put myself as an employee for the company from another coun

I am on F1 Visa in the US, i am also a resident of the UAE which has no taxes, i am aware that i cannot work in the US under F1 status without authorization, so can i start the company in US and put myself down as an employee using the UAE residence, would i be violating my visa status?

James L. Arrasmith
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answered on Apr 12, 2024

As an F1 visa holder, you are not allowed to work in the United States without proper authorization, such as Optional Practical Training (OPT) or Curricular Practical Training (CPT). Starting a company in the US and putting yourself down as an employee, even if using your UAE residence, could be... View More

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