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1 Answer | Asked in Civil Rights, Constitutional Law and Social Security for New York on
Q: Can a police officer ask for my social security number? The reason is that the system shows an overlap insurance.

He said i could be arrested because it’s considered a misdemeanor so i had to provide him with my social security number after he had my license and everything he needed.

James L. Arrasmith
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answered on Jan 26, 2024

No, a police officer typically cannot and should not ask for your social security number in a situation like this.

A few key points:

- There is no requirement for citizens to provide their SSN to a police officer who has already verified their identity through other means like a...
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2 Answers | Asked in Bankruptcy for New York on
Q: My question is in chapter 11 how come being a creditor, there are 6 sections for claim nature and all can be different?

I am a creditor in a class action law suit. When I check the website there is a long page that has 5 different sections that says claim nature. The first is General Unsecured. The second says Priority. The third one says Secured. The fourth says 503(b)(9) Admin Priority. The fifth says Admin... View More

James L. Arrasmith
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answered on Jan 26, 2024

In a Chapter 11 bankruptcy case, different types of claims are categorized based on their legal nature and priority. This categorization affects how claims are treated and the order in which they are paid.

"General Unsecured" claims are typically debts that don't have...
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2 Answers | Asked in Bankruptcy for New York on
Q: My question is in chapter 11 how come being a creditor, there are 6 sections for claim nature and all can be different?

I am a creditor in a class action law suit. When I check the website there is a long page that has 5 different sections that says claim nature. The first is General Unsecured. The second says Priority. The third one says Secured. The fourth says 503(b)(9) Admin Priority. The fifth says Admin... View More

Martha Warriner Jarrett
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answered on Jan 25, 2024

A secured claim is one in which the creditor has a lien on as asset of the debtor, such as a mortgage or a car loan. A priority unsecured claim is generally for taxes or other administrative expenses. Most claims are general unsecured claims. While there are certain claims actions claims that might... View More

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1 Answer | Asked in DUI / DWI for New York on
Q: I want to know how much time I will have if I exchange a 6/5 split l, 4 years in and done the 6 months in prison.

I had a felony DWI( AUO made it a felony), .08% first offense. I was incarcerated for the 6 months in prison and now I am 4 years into probation and I have an open violation for missing appointment w PO. Since April I've been suspended no time being credited and I just cannot go on w the... View More

T. Augustus Claus
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answered on Jan 24, 2024

The potential consequences for a probation violation can vary based on several factors, including the nature of the violation, your criminal history, and the specific terms of your probation. Since you're dealing with a felony DWI and probation violation in New York, it's important to... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: The company I work for ask us to wear mask during second mask mandate, us asian first before taljing to other employees

He only said something to everyone when i ask him, is that for us asion only or every body. He rounded as asian first. Is that racism?

V Jonas Urba
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answered on Jan 24, 2024

Were you coughing or did you appear sick?

Everyone must be similarly treated. Not being treated similarly may be discriminatory unless it's an isolated incident or a petty slight or trivial inconvenience. Much depends on the specific facts, where it was said, who it was said to, who...
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1 Answer | Asked in Immigration Law for New York on
Q: Newly licensed NJ atty, field: Immigration law in NYC, want to open PLLC, how do i get Cert of Good Standing?

I am based in NYC, got barred in NJ 2023, want to open my own Immigration law PLLC in NYC, but NY requires showing of "A Certificate of Good Standing from the appropriate Appellate Division or a Certificate of Authority (Form PLS709) under seal from the New York State Department of Education,... View More

James L. Arrasmith
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answered on Jan 23, 2024

As a newly licensed attorney in New Jersey practicing immigration law in New York, you're navigating a unique situation due to the federal nature of immigration law. While New York typically requires a Certificate of Good Standing for attorneys seeking to open a PLLC, your situation is... View More

3 Answers | Asked in Bankruptcy for New York on
Q: I am a 100% Disabled Veteran that has filed bankruptcy under Chapter 13. I have questions about the filing and error

When my case was filed neither I nor my attorney were aware of the Haven Act. I would like to know if this can be corrected.

James L. Arrasmith
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answered on Jan 23, 2024

The HAVEN Act, which affects how veterans' disability benefits are treated in bankruptcy cases, is a significant piece of legislation for veterans like yourself. If your Chapter 13 bankruptcy case was filed without considering the HAVEN Act, it's possible to address this oversight.... View More

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3 Answers | Asked in Bankruptcy for New York on
Q: I am a 100% Disabled Veteran that has filed bankruptcy under Chapter 13. I have questions about the filing and error

When my case was filed neither I nor my attorney were aware of the Haven Act. I would like to know if this can be corrected.

Carl Nelson
Carl Nelson
answered on Jan 23, 2024

Bankruptcy schedules and forms can typically be amended, but there are a number of factors such as where the case is procedural that would be relevant to an informed decision on how to proceed. This forum is not an ideal place to provide you with adequate legal advice as to your pending case; I... View More

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1 Answer | Asked in Immigration Law for New York on
Q: Can working with an ITIN number while seeking for asylum affect my application in the future?

Could my asylum application be denied because I worked in the US using an ITIN number?

James L. Arrasmith
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answered on Jan 22, 2024

Working in the U.S. using an ITIN (Individual Taxpayer Identification Number) while your asylum application is pending can be a complex issue. Generally, asylum applicants are not authorized to work in the United States until they have received a work permit (Employment Authorization Document,... View More

2 Answers | Asked in Landlord - Tenant for New York on
Q: One-year lease states Landlord will pay for all utilities. Two months left in lease, now she requires 30% utils. Legal?

She just sent me an addendum to lease today, which I did not sign, requiring I pay 30% of utilities for the remaining two months of the lease. Original lease specifies that Landlord will pay all utilities for the duration of the lease.

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 22, 2024

Dear Locust Valley Tenant

Of course your landord does not possess a legal right to alter the terms of the tenancy during a lease.

But New York housing law allows the landlord to shelve the current agreement. If the tenant refuses to accept new terms the landlord is able to use a...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: One-year lease states Landlord will pay for all utilities. Two months left in lease, now she requires 30% utils. Legal?

She just sent me an addendum to lease today, which I did not sign, requiring I pay 30% of utilities for the remaining two months of the lease. Original lease specifies that Landlord will pay all utilities for the duration of the lease.

James L. Arrasmith
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answered on Jan 22, 2024

Under New York law, a landlord cannot unilaterally change the terms of a lease agreement before its expiration. If your lease clearly states that the landlord is responsible for paying all utilities for the duration of the lease, they are generally bound by this agreement until the lease ends.... View More

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1 Answer | Asked in Traffic Tickets for New York on
Q: Do I have enough to fight this speeding ticket in court?

Driving 80 in a 55 on palisades in Rockland county. State cop pulled me over and stated he had me at 80 but saw me slow to 65 when I saw him and wrote the ticket for 65 in 55 zone. Ticket is charged based on Officers “direct observation” and speed verified by “pace.” Does pace mean he... View More

Howard E. Knispel
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Howard E. Knispel
answered on Jan 22, 2024

You will lose. If the zone is 55, going 56 is speeding. The fact that he gave you a break by writing only 65 is a gift to you. Office would testify to his experience and his observation is based on that. BTW, 25 mph over is a 6 point violation. 10 mph over is 3 points.

2 Answers | Asked in Civil Rights, Constitutional Law, Employment Law and Landlord - Tenant for New York on
Q: I am employed and housed by my employer as a manager in upstate New York Jefferson county. I have privacy concerns

I work on property on site and live in a separate dwelling on site. I have concerns of audio being listened in on any particular camera at any time at two separate company properties and I have concerns of my private Internet traffic being stalked by the employer as well. I am finding difficulty... View More

Tim Akpinar
Tim Akpinar
answered on Jan 26, 2024

If it's their wi-fi/router, provided for work purposes, it's possible they may assert control over that traffic with no expectation of privacy. If it's your network equipment and connections, that could be yours, but even those settings can be subject to employer control, based on... View More

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2 Answers | Asked in Civil Rights, Constitutional Law, Employment Law and Landlord - Tenant for New York on
Q: I am employed and housed by my employer as a manager in upstate New York Jefferson county. I have privacy concerns

I work on property on site and live in a separate dwelling on site. I have concerns of audio being listened in on any particular camera at any time at two separate company properties and I have concerns of my private Internet traffic being stalked by the employer as well. I am finding difficulty... View More

James L. Arrasmith
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answered on Jan 21, 2024

It's understandable that you have privacy concerns given your unique situation of living and working on your employer's property in Jefferson County, New York. In the United States, employees do have certain rights when it comes to privacy in the workplace.

Firstly, you should be...
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1 Answer | Asked in Criminal Law, Federal Crimes, Internet Law and Sexual Harassment for New York on
Q: Could a person be charged if they DM someone an onlyfans link on instagram/facebook without knowing if they are a minor?

Onlyfans makes every user that signs up agree that they are 18 or older before they are able to view/buy any explicit content, but only asks content creators for an ID. If a person DMs an onlyfans link to their followers, could they be charged if the recipient happens to be a minor?

James L. Arrasmith
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answered on Jan 21, 2024

In situations where a person sends an OnlyFans link to someone on Instagram or Facebook without knowing the recipient's age, potential legal issues could arise. While OnlyFans requires users to confirm that they are 18 or older, it is not foolproof, and minors could potentially create accounts... View More

1 Answer | Asked in Federal Crimes, Sexual Harassment and Internet Law for New York on
Q: If a person DMs someone an onlyfans link, does that count as disseminating indecent material? (NY Penal Law 235.22)
James L. Arrasmith
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answered on Jan 21, 2024

Sending a link to an OnlyFans page, in and of itself, typically does not constitute the dissemination of indecent material under New York Penal Law 235.22. The law generally focuses on the actual dissemination or sharing of explicit or obscene content. OnlyFans is a platform where users share adult... View More

2 Answers | Asked in Personal Injury for New York on
Q: I was at JFK airport and the line safety to keep people in line was not secured right and smacked me in the face

I am seeing blurry and I am at the emergency department now and I was dizzy at the time of incident blood was drawn and incident report was made

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 18, 2024

Sorry to hear what happened to you. Whether you might have a case against the Port Authority of New York & New Jersey (which operates JFK) will depend on whether the Port Authority either knew about the condition, or in the exercise of reasonable care should have discovered the condition, and... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: My landlord lives above me and makes excess noise daily. I have complained several times. They’ve acknowledged the noise

And said they’d quiet down. Didn’t happen. The next time I went to them they said they’d soundproof ceiling. Nothing. I have so much video of the noise from upstairs. I’m startled daily out of my sleep from them dropping things on the floor. I also used a decibel reader, and when they drop... View More

Roland Godfrey Ottley
Roland Godfrey Ottley
answered on Jan 17, 2024

I would say that you would have a case for harassment and constructive eviction, amoung other possible claims. You seem to have the ability to measure and record the ambient sound from their apartment to record the chronic noncompliance. You should consult with a landlord tenant attorney. Good luck.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: My landlord lives above me and makes excess noise daily. I have complained several times. They’ve acknowledged the noise

And said they’d quiet down. Didn’t happen. The next time I went to them they said they’d soundproof ceiling. Nothing. I have so much video of the noise from upstairs. I’m startled daily out of my sleep from them dropping things on the floor. I also used a decibel reader, and when they drop... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 21, 2024

Dear Centereach Tenant

You must take into account that you reside in a community that does not afford much protection for tenants from a landlord choosing to not renew a lease or a tenancy. Generally Harassment is not recognized as a cause of action against a landlord beyond NYC Housing...
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2 Answers | Asked in Landlord - Tenant for New York on
Q: A Stipulation Agreement for Rental Dues, what can I do? Possible Consequences? Fearing Eviction.

My husband and I have fallen back severely on the rent, due to personal health issues we have ended up owing close to 20,000 in rent with multiple months unpaid for. Today was the court date and there was a stipulation agreement put into place where he would have to pay all the months of rent... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jan 17, 2024

Every unit of the Housing Court has an office that will connect a tenant with the rental assistance program of Human Resources Administration. And every tenant is also entitled to a free no strings attached postponement of the initial Court Hearing date as well as a referral to a court assigned... View More

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