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1 Answer | Asked in Gov & Administrative Law, Tax Law and Business Law for New York on
Q: Looking for guidance on unique Statute of Limitations for property seizure in NY state

I had a large amount of losses (from 2009 and 2010) that were initially dis-allowed by the IRS which resulted in an audit and a no change letter

NY State followed suit, and disallowed my losses on my NY return, however, they never followed the Federal when my losses were deemed to be... View More

James L. Arrasmith
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answered on Feb 4, 2024

In New York State, the rules surrounding the statute of limitations for tax collections and the ability to claim refunds or credits can be intricate. Typically, there is a limit on how long the state can pursue taxpayers for alleged debts, as well as a limit on how long taxpayers have to claim a... View More

4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 6, 2024

As my colleague correctly advised, a health care proxy will allow you to make medical decisions on behalf of your parents. If you wish to make other decisions on their behalf, they would need to sign a Power of Attorney form designating you as their agent (assuming they have capacity to understand... View More

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4 Answers | Asked in Estate Planning, Family Law, Health Care Law and Elder Law for New York on
Q: I’m looking for a legal method that would give me the proper authority to manage my parent's care? Is a healthcare proxy

Is a healthcare proxy sufficient or do I need more?

Benjamin Z. Katz
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answered on Feb 4, 2024

A Health Care Proxy would allow you to make health care decisions if your parents were unable to do so themselves. However, managing their care, paying expenses, and completing paperwork would require a Power of Attorney to be signed by your parents naming you as their agent. In both cases, your... View More

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1 Answer | Asked in Business Law for New York on
Q: In a co-op when is a sponsor no longer a sponsor is it after he owes under5%of total units
T. Augustus Claus
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answered on Feb 2, 2024

In a cooperative (co-op) setting in New York, the term "sponsor" typically refers to the individual or entity that initially converted the building into a co-op and retains a significant ownership interest in the units. The transition from sponsor status to regular shareholder status is... View More

1 Answer | Asked in Real Estate Law for New York on
Q: lien against my house will it expire after 10 years if the lien is renewed, will it carry the fee from the prior lien ?

The lien in in Nassau county NY

Peter J. Weinman
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answered on Feb 2, 2024

A lien against your house in New York is good for ten years and can be renewed for another 10 years. The amount of the lien remains the same once renewed but the statutory interest of 9% annually continues to accrue, and the lienholder will be entitled to interest through the date of payment.

1 Answer | Asked in Real Estate Law for New York on
Q: My daughter.was recently on the deed alone. Legally she is power of attorney. I'm still holding the mortgage alone. Ca

Can I transfer the mortgage to her

Carl Nelson
Carl Nelson
answered on Feb 2, 2024

It would be helpful to clarify your terminology. First, I’m not clear what you mean by your daughter is a power of attorney? Who does she hold this power for? If she holds the deed and you hold the mortgage, I’m not clear what the relevance of the POA is.

Second, when you say you...
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1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for New York on
Q: Is it legally allowed to sell goods such as clothing items with the phrase "Spidey sense" on them?

Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.

James L. Arrasmith
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answered on Feb 1, 2024

Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which... View More

2 Answers | Asked in Real Estate Law for New York on
Q: My ex boyfriend and I are co-owners of a house. The new agreement says I have sole & exclusive residency of the property

Do I have to let him in the house when he shows up?

Peter J. Weinman
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answered on Feb 2, 2024

One owner cannot oust/evict another and so if he's on the deed - absent a written agreement to the contrary - he has a right to access. Your "new agreement" might be such an agreement, but we'd need more information in order to answer your question. Assuming the new agreement... View More

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2 Answers | Asked in Real Estate Law for New York on
Q: My ex boyfriend and I are co-owners of a house. The new agreement says I have sole & exclusive residency of the property

Do I have to let him in the house when he shows up?

Peter Klose
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answered on Jan 31, 2024

There are many "layers" to your question. First, you say "new agreement" -- does the agreement handle this issue. More importantly, do you intend to separate the ownership by doing a "buyout" of his interest. Do you have any legal restraints upon his presence in... View More

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1 Answer | Asked in Immigration Law and Traffic Tickets for New York on
Q: Hello, I got a ticket for no license, I am also an immigrant the papers doesn’t specify if I need to go to court
James L. Arrasmith
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answered on Jan 30, 2024

If you received a ticket for driving without a license, it's important to carefully review the ticket for any instructions or court date information. In many instances, traffic citations in the United States, including those for driving without a license, require a court appearance.... View More

1 Answer | Asked in Immigration Law for New York on
Q: Hello im looking for my immigration ID number?

i was detain around 2011

James L. Arrasmith
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answered on Jan 29, 2024

To locate your immigration ID number, also known as an Alien Registration Number or "A-Number", you can start by checking any previous documentation you received from U.S. Citizenship and Immigration Services (USCIS) or the Department of Homeland Security (DHS). This number is usually... View More

2 Answers | Asked in Child Custody and Family Law for New York on
Q: Fighting for paternity. Mother of .my child had another man sign the birth certificate

She had another man who is in no way possible the father of my child sign the birth certificate. I've filed for custody but im not sure what to expect. She's also married to someone else.

Michael J Stachowski
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answered on Jan 29, 2024

With the facts as you state them, you need blood tests as a threshold . You must first prove you are the father. A DNA test of mother, father, and child will reveal positively your Paternity of the Child. Once the paternity is established you have standing to petition for Custody. You will have... View More

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2 Answers | Asked in Criminal Law and Municipal Law for New York on
Q: What if they are is an investigation car parked somewhat outside of your house what would that indicate?
James L. Arrasmith
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answered on Jan 29, 2024

If you notice an investigation car parked outside your house, it could indicate several possibilities. It may mean that law enforcement is conducting surveillance or an investigation in the vicinity, which could involve your property or a neighboring area.

It's important to remember...
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1 Answer | Asked in Wrongful Death for New York on
Q: How can a medicaid lien be paid prior to me signing a release as the defense has yet to issue the release papers

After decree entry I'm confused they won't send the release papers without final lien letter which is undermining the judges final entered decree yes letters were sent and final decree entered, but how can we pay medicaid if they won't sign release

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 29, 2024

Your Medicaid lien cannot be paid until such time as you have signed the settlement papers / release. If you haven't already, you'll need to request a final lien amount from Medicaid which may take several weeks. The final amount of the Medicaid lien may be incorporated into the release... View More

2 Answers | Asked in Civil Rights, Child Custody and Family Law for New York on
Q: ADA rights for blind mom in Cty court requesting braille documents
James L. Arrasmith
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answered on Jan 28, 2024

In a custody case involving a blind mother in New York State, it's important to consider the Americans with Disabilities Act (ADA) if there are concerns about discrimination based on her disability. The ADA ensures equal rights and opportunities for people with disabilities, including in legal... View More

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2 Answers | Asked in Civil Rights, Child Custody and Family Law for New York on
Q: In nys custody case with blind mom, do I need to talk to about violation of ADA rights for a disabled person.
James L. Arrasmith
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answered on Jan 28, 2024

In a custody case involving a blind mother in New York State, it's important to consider the Americans with Disabilities Act (ADA) if there are concerns about discrimination based on her disability. The ADA ensures equal rights and opportunities for people with disabilities, including in legal... View More

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2 Answers | Asked in Civil Rights, Child Custody and Family Law for New York on
Q: In nys custody case with blind mom, do I need to talk to about violation of ADA rights for a disabled person.
Tim Akpinar
Tim Akpinar
answered on Jan 28, 2024

I'm sorry for the disabled person's ordeal. Until you are able to consult with an attorney who specializes in ADA rights, here is a link to the website of the New York State Unified Court System that could hopefully be a starting point - ADA Accommodation Request Process -... View More

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1 Answer | Asked in Child Custody, Civil Rights, Communications Law and Family Law for New York on
Q: Blind mom in custody case in Wayne county family court, NY. Requested to have documents brailled.

Like court orders, letters, etc. 2 years into case and still no accommodations. Court said they aren’t responsible

James L. Arrasmith
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answered on Jan 28, 2024

In your situation, it's important to know that federal law, specifically the Americans with Disabilities Act (ADA), requires courts to provide reasonable accommodations to individuals with disabilities, including those who are blind. This often includes making documents available in Braille or... View More

2 Answers | Asked in Immigration Law for New York on
Q: If I get an advance Parol, I m in the USA after ilegal entry and charged as not admisible . Can I get dinied entry ?

I have a pending hearing to show why I should not be removed of the STATES. I wa charged under INA 236 . But I get advance Parol , what can CBP deny my entry at a port of entry ?

James L. Arrasmith
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answered on Jan 27, 2024

If you have been granted Advance Parole and have a pending immigration hearing due to being charged as inadmissible under INA 236, it's important to understand the risks associated with leaving the United States. Advance Parole allows individuals with a pending immigration status to travel... View More

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2 Answers | Asked in Wrongful Death for New York on
Q: My case settled and Decree was entered 20 days ago , which stated settlement to be paid within 10 days from date

However paralegal stated that didn't apply to us for whatever reason, this was a wrongful death surrogates case ,and now I'm told the defense is refusing to send the release papers without a final lien letter from medicaid ,however that was all established when they didn't show for... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 26, 2024

The Court order governs the time in which the defendant has to make payment on the settlement. If payment is not contingent on receipt of Medicaid lien, it's not contingent. Although most insurance carriers will not issue a check until they are satisfied that there are no outstanding... View More

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