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New York Questions & Answers
1 Answer | Asked in Criminal Law for New York on
Q: If the state cannot find my arrest and conviction records

If the state cannot find my arrest and conviction records for what ever reason like lost or destroyed and have no backup can I challenge same and prevail

Brent J Huff
Brent J Huff answered on Feb 12, 2020

It depends. The first thing to do is to request your criminal history from the Utah Bureau of Criminal Identification.

You can do so here: https://bci.utah.gov/criminal-records/

If there is nothing on it, then if someone requests your state criminal history, such as an employer,...
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1 Answer | Asked in Real Estate Law for New York on
Q: Can I file a quit claim on property in Puerto Rico with out going to Puerto Rico?
Tim Akpinar
Tim Akpinar answered on Feb 12, 2020

You might want to repost this under Puerto Rico, as it appears to be something that a real estate attorney who practices in that jurisdiction would be most familiar with. You'll see Puerto Rico when you click "more states," below Washington, DC, in the third column. Good luck

Tim Akpinar

1 Answer | Asked in Immigration Law for New York on
Q: If someone is married and got their 2 year Visa which expires 8/24/2022 but got divorced before his Visa expires how so
Adan Vega
Adan Vega answered on Feb 12, 2020

If you are referring to a non-immigrant visa then the divorce nullifies the visa if such visa is dependent on a visa issued to a principal applicant.

If you are referring to a conditional resident status then the FORM I-751 can be filed after the divorce decree is issued.

1 Answer | Asked in Divorce for New York on
Q: If legal separated, 1 spouse passes in another state, Does the other spouse have legal right to claim his body?

Spouse passes in Detroit other spouse is in New York. They are legally separated. Is the living spouse still next of kin?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 12, 2020

This was answered

1 Answer | Asked in Divorce and Family Law for New York on
Q: Legally separated and one spouse passes away who is next of kin?

When legally separated and spouse passes away in Detroit (he doesn’t live in Detroit) and living spouse lives in New York. Could she claim deceased spouse’s body? Is she still next of kin?

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 12, 2020

Technically, they are still married so she is next of kin although siblings can also claim the body.

1 Answer | Asked in Family Law for New York on
Q: My fiancé has passed last week she left behind two minor children who I would like to take guardianship over

She is legally married but been separated for over 15 years he has abandoned her and the kids for the oldest minor the second minor father is unknown

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Feb 12, 2020

You can try to bring on a petition for guardianship but it may be tough as you are not related to the children.

1 Answer | Asked in Animal / Dog Law for New York on
Q: ¿Can I take the dog I’ve been taking care of the last three months and it’s under my name, from my sister’s house?

Here’s the thing, my sister has several problems with alcohol abuse, I care from other country and been here the last 3 months, the thing is that I’ve been taking care of the dog, feeding her, taking her for walks, etc, I’ve paid for everything this last 3 months, but according to my... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Feb 12, 2020

It appears that the dog legally belongs to your sister. But it depends upon how she got the dog and how long she has had it. If you feel it is being mistreated or neglected there are steps that you can take but there is no guarantee that you will be able to get ownership and it would take some time.

1 Answer | Asked in Contracts, Civil Litigation and Civil Rights for New York on
Q: I've broken up with my live in partner and have signed a contract to purchase a boat ( loan in my name) .

He wants to pay me monthly for the loan on the boat as well as some credit card debt that I have on my card that's his.

Should I get this in writing, or is it too late. The boat has not been delivered yet and we are still on speaking terms.

Not sure if we will get back together and... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 11, 2020

Definitely get it in writing. And if you cannot get out of this boat deal make sure you are on title. Otherwise you will have a debt and no boat.

1 Answer | Asked in Real Estate Law for New York on
Q: I am a commercial real estate broker. My buyer & seller clients are attempting to circumvent my broker fee.

upon request, yes

Months of emails, in person meetings, calls and text messages

onsite inspections, letter of intent submission

I have everything I would need to prove I am the procuring cause

Michael David Siegel
Michael David Siegel answered on Feb 11, 2020

So you can sue. You can also get a lien on the property itself. Requires a Supreme Court action.

1 Answer | Asked in Child Support for New York on
Q: My daughter is 19 and lives in a home her mother owns in New York state,her mother lives in Florida for 5 winter months

And lives in a lake home 60 miles away for summer with her husband,daughter goes full time to college,do I have to pay her mother

Howard E. Knispel
Howard E. Knispel answered on Feb 11, 2020

Does anyone live in the house with your daughter? Is she self supporting? Does she work? Who financially supports your daughter? You need to talk to a lawyer to see if your daughter is emancipated.

2 Answers | Asked in Divorce for New York on
Q: As per the stipulation of settlement ex was supposed to relinquish married name

As per my stipulation of agreement my ex was to relinquish her married name. The divorce is done, certificate issued. She is still using her married name. What can I do how do I fight this. Even went so far as to make it an additional stipulation that she not get the escrow money from the sale... Read more »

Howard E. Knispel
Howard E. Knispel answered on Feb 11, 2020

Absolutely nothing. She MAY resume the use of her maiden name but nothing can force her to do so.

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1 Answer | Asked in Child Support for New York on
Q: My 20 yr old daughter left my home 8 months ago. She is now taking me to court for support. Is she entitled?

She is in college and she chose to leave after a disagreement. I don't know how she has been living and haven't had any contact since August. She was driving a brand new car that she said was hers in August.

Howard E. Knispel
Howard E. Knispel answered on Feb 11, 2020

She can sue for child support. You need to show she is self supporting or that she voluntarily chooses not to abide by your reasonable rules and that you offer her to stay with you.

1 Answer | Asked in Landlord - Tenant for New York on
Q: The law that was passed Feb 3/4th that says brokers are no longer allowed to charge a fee but then was revoked today..

If you signed you lease while the law was in effect, can the broker now try to back track and charge you a fee?

We signed our lease feb 7th and was told that we do not have to pay a brokers fee, now that the law has been placed on hold they want to charge us a fee

Elaine Shay
Elaine Shay answered on Feb 11, 2020

Answer will depend upon the terms of your contract

1 Answer | Asked in Employment Law for New York on
Q: Class action filed 2017.After this, employees sign a waiver restricting class action suits. Can they cash their check?
Greg Mansell
Greg Mansell answered on Feb 10, 2020

This depends on whether they joined the lawsuit prior to signing the waiver. If they received a check, it sounds like the class was certified prior to signing a class action waiver. So they can likely cash their check since they already joined the lawsuit prior to signing.

2 Answers | Asked in Estate Planning for New York on
Q: Hi, my nephew recently passed away. Is it true that his estate will have to be shared with the deadbeat father

The man never gave a nickel to help raise him. He didn't even bother coming to the funeral. He was 29 what can we do?

Benjamin Z. Katz
Benjamin Z. Katz answered on Feb 10, 2020

If you nephew didn’t leave a Will, the law of intestacy sets out the order of distribution. If he had no wife or children, parents would be next, even deadbeat ones. This is why it is important to have a plan. Of course, the father can waive his rights.

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1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: I want to create bioluminescent Oranda goldfish with jellyfish extract. Will I breach any of these parents?
Robyn T. Williams
Robyn T. Williams answered on Feb 10, 2020

Whether you infringe a pre-existing patent(s) with your product/method can likely be greater informed by completing a prior art search.

If you do not have a product and want to file a patent application based on your invention, a prior art search should still be completed.

If you...
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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My son was in an accident on Feb 6, 2020 on Route 17 west bound. My question is the weather was very bad rain and sleet

All the local agencies and state agencies knew of impending weather, but there were no salt trucks out. On this one section of highway there 8 vehicles that had slid of or had some kind of accident. How do I put a claim in against NYS for the highway not being properly maintained.

Michael Bersani
Michael Bersani answered on Feb 10, 2020

That's a State road, so you would have to file a "notice of intention to file a claim" or else a "claim" against the State of New York within 90 days of the accident. If you are late filing, it is a problem, but the problem can probably be overcome if too much time does not go by. You will need a... Read more »

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2 Answers | Asked in Traffic Tickets for New York on
Q: Hi, I was pulled over tonight for speeding, and the cop said he cut me a break by giving me a disobeying traffic device

how should I plead and what would happen if I dont plead guilty

Zev Goldstein
Zev Goldstein answered on Feb 9, 2020

Disobeying a sign is 2 points, which is less than any speeding ticket (3-11). You can still plea not guilty to either:

1. proceed to trial in court, or

2. get a plea deal for a ticket with no points, if available.

It is unlikely (but possible) that the officer will issue a...
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1 Answer | Asked in Immigration Law for New York on
Q: If marriage was for status which is a two year green card holder that expires in 2021, and a party found someone else

Then gets divorced how soon will they be able to remarry

Leonard R. Boyer
Leonard R. Boyer answered on Feb 9, 2020

This is a question which is inappropriate to post on any social media platform, since it is monitored by all types of law enforcement. Your situation requires significantly more facts and only during an in person consultation is your information and situation protected by attorney client privilege.

2 Answers | Asked in Probate for New York on
Q: My sister and I are co-executors in NY. I have the Letters of Testamentary. How do we handle the deed of Mom's house?

She plans to buy out my share and live in Mom's house. There are debts we need to settle yet. Do we wait until we pay off the debts and she pays me. Do we need to file an Executor's deed first?

We also just sent in forms ET-30 and ET-117 with the original letters.

Michael David Siegel
Michael David Siegel answered on Feb 8, 2020

If you are working together, I would do the Executor's deed but just to your sister. Memorialize your deal. It is important to do it right. Real estate title is really critical to get right. When you sell or refinance, there may be no way to cheaply correct errors.

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