Under normal conditions, it can take between 10 months and a year between the filing of the petition and the interview. It is hard to say with the COVID-19 restrictions. They should be able to move forward with everything up until the point of appointment scheduling. Then it is a question of when... View More

Apply honestly for benefits from the date that you were actually available for work. Certify for benefits honestly. Report all earnings whether paid or medical leave or other to the DOL.

If you are denied benefits timely ask for a hearing and testify credibly at the hearing.

Many... View More

The lease may have an early termination clause. You should thoroughly review the lease to see if it provides you with any options. Try talking to the landlord, maybe they can correct the safety issues.

Generally, a lease cannot be terminated just because someone in the building is... View More

It seems that a custody and child support case for your daughter is not pending in Kentucky. If this is correct, there is nothing stopping you from filing in New York. Typically you would start with a custody petition and file a child support petition. The custody petition generally would be... View More

Unless the draft order is one that was done on consent of by court order, then the signed temporary order controls. Temporary orders expire only if they say they do or the events in the order have already happened. You should also be aware that due to the courts being closed, all temporary orders... View More

Under the Fair Labor Standards Act ("FLSA"), you must be paid for all hours worked. Your employer cannot tell you to collect unemployment in place of paying you for your time worked after you were laid off. Depending on how many unpaid hours you worked, your employer's refusal to pay... View More

When more than one individual signs a lease as a "tenant" they are each jointly and severally liable to the landlord for the payment of rent. That means the landlord doesn't get involved in whatever agreement exists between the tenants as the the amount each intends to contribute to... View More

Pursuant to Governor Cuomo's Executive Order, the moratorium on evictions has been extended to August 20th, so there is no immediate threat of eviction. However, the Executive Order does not relieve a tenant's obligation to pay rent.... It just temporarily removes the ability of the... View More

Don't panic. First, due to the Covid-19 crisis there is currently a moratorium on evictions until August 20, 2020. Second, evictions require a judicial process that affords tenants a number of protections and your brother-in-law is likely entitled to an opportunity to cure.

Typically, deductions from pay are permissible when an exempt employee is absent from work for one or more full days. That does not sound like the case here. If your employer follows through with the deductions and they occur more than a few times, I would reach out to an employment law attorney in... View More

If you plead guilty to a crime, I doubt it was sealed. When the courts finally re-open after this pandemic, go to the court clerks office and request a Certificate of Disposition. You can possibly have your matter sealed after 10 years after the conviction pursuant to CPL section 160.59

Is everyone provided PPE and wearing it and the workplace redesigned for social distancing? And testing in place? Look at the EEOC and OSHA websites which define safe workplaces and the duty of employers to provide one. Then report for work and take photos if not against company policy or take... View More

As Mr. Siegel points out, it depends on the contract. It could depend on how certain terms or elements are defined or how they could be interpreted. One option to consider might be to explore the cost of a brief attorney consult to review the contract in its entirety. Unfortunately, this situation... View More

If you can effectively work from home and your employer instructs you to return to work and you reasonably believe that this places your health in jeopardy, I would recommend that you request the reasonable accommodation of continued work at home or telecommunting.

Whether your employer... View More

There is no way you are going to get off this loan without paying it off. There are two options. If the home is empty, it can be sold. The mortgage would be paid at sale. Or, if your brother had family living there and they are keeping it, they will need to make an estate proceeding and... View More

To my knowledge the Governor has not stayed rental payments due to Covid-19. Practically speaking, the landlord cannot force payment at this time because the Courts are closed and all evictions are currently stayed. The rent may still be due, but the landlord does not have much recourse at this... View More

Since the courts are essentially closed in response to the COVID19 crisis you will not be able to seek relief from them at this time. Therefore, the most efficient thing would be to communicate with the person who moved out to obtain permission to remove the belongings to be disposed of or placed... View More

Child support for one child is calculated as 17% of the combined income of the parties, up to $154,000.00. If there is an error in the child support calculations, the Court might not accept your uncontested divorce paperwork. The Domestic Relations Law requires very specific language in all... View More

Congratulations. You raise a valid point, but hospitals are facing severe stresses today, which is something a court could consider in the matter. It's possible a court would give a hospital considerable leeway during these difficult times. You could consult with other attorneys to see how... View More

Greetings. It appears you would like to get out of a home sale contract. You likely have an attorney and your question therefore should be directed to that attorney. They will know the details of the contract best. If you do not have an attorney, you must get one. The attorney will review the... View More