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  1. owned a newstand in the mall, and had to close withing 48-hours and handed over all merchandise to other newsstand owner in the mall. Who agreed to pay, for the merchansdise in installments, we did not had a set price, because other newsstand owner agreed to pay for it. Later on, I provided the detailed invoices/written product list with price on it. List was provided to him and The owner was delaying and was ignoring to pay for it. I had to file small claim $5000. In small claim court, the defendant said, he would pay $700 and judge granted this amount to me. Immediately file notice of appeal and preparing brief on appeal. Is there any law related to susbstaital justice? I can see? What else could be the wining argument for brief? Thannks
  2. I am looking to file a 42 USC 1983 suit. The basis of the suit is that at a preliminary criminal hearing, where the alleged victim testified that I did not commit the crime as was described within an on-scene supporting deposition, yet the ada continued to prosecute the case. I was held in custody for 63 days total, even after the victim committed the crime of making a false statement. I was maliciously prosecuted, wrongfully confined and the ada committed prosecutorial misconduct by failing to dismiss the charges stemming from the false statement. I can give greater details, but based upon the above, would the cause of action be violations of my Due Process rights via the 14 amendment.
  3. Question: What is the NYS law and/or local law regarding background checks and/or how far can they go back? I've already read several of the previous posts (and answers) on background checks. I have a criminal conviction from 10 years ago. I was offered a sales position at Sears in Long Island after they completed the background check. I was working (fairly adequately, but I wasn't a "star") for seven months, then one of the managers (I hate} browsed around the internet and found my criminal background. I haven't been fired outright, but they're making the situation very difficult for me. I didn't lie on the application - which asked about a conviction during the past seven years and not on probation within the past year; so they can't fire me on that. The reason for my question is not because I have a great love for my current job (even though I can perform the work), but relates to my looking for another job. In other words, if I now apply to Target, can they legally ask about a criminal conviction within the past ten years What laws apply in a situation like this?
  4. Is it likely that I would be granted an upward modification of child support since I started a home based business last year and my income has decreased? My income is about half what it used to be, but I am also working at home during school hours and providing all childcare. When I was working full time, my ex husband and I split the cost of childcare, and we each paid about $500 per month (1000 total for two elementary aged kids) (The current child support amount does not include childcare expenses.) Those are the basic facts. Mitigating factors: Child support was modified in 2014, based on my previous salaried income and his current salaried income. I have decreased my own spending to make up for my lower income- less child care and commuting costs. I am basically able to pay all my bills because of the spending reductions, but it's tight. I pay for all extracurricular and medical expenses for the kids (though we are supposed to split them, my ex always says he can't afford to) and I contribute a small amount of savings for college funds. I am remarried. My husband and I split the bills for our household. Also, would any modification be based on last year's income/tax return, even though I worked full-time for part of that year and have since started my business? If so, should I wait until next year to have a better idea/proof of my yearly income?
  5. My son violated probation in West Seneca, New York and was sentenced to 120 days in the county jail. When he violated probation, he was caught with drugs. He was charged with 2 counts of possession of an illegal substance and 3 counts of intent to sell. Bail was set for $5,000.00 for the new charges, however bail was not posted because he had to serve the 120 day sentence. The violation of probation sentence ends on January 15th, 2016, my son goes to court on January 19th, 2016 for the new charges. They are offering a plea to reduce the 5 charges to 1 class A misdemeanor, which has a max of 1 year in jail. My question is this. If for example the Judge sentences him to 9 months for the class A misdemeanor, will the 120 days he serves go towards time served since bail was set but not posted? In other words, since there are 2 separate charges, are they treated separate? Meaning he is serving his time for violating probation and that case ends January 15th, 2016. The other charges were separate charges and bail was set, but not posted. Since bail was not posted and he was in jail for the charges, will that time count as time served? Or do they combine the two cases? Thank you for you help.
  6. My ex wife passed recently. Do I automatically have power of attorney for my children? My son is 20 and my daughter is 17.
  7. My ex wife passed and had a leased car, insured through GIECO. My children and her sole beneficiaries. My son is 20 and daughter is 17. Are they obligated to maintain the lease? Do the automatically assume the lease? How about the insurnance and registration? Can all of these be transferred to me with sales tax or registration costs?
  8. I m unemployed and have two kids.husband used to hit me disrespect me not able to live with him any more.i don't have any idea if I left him where I will go.and what about alimony we are together for 7 years.
  9. Does a police officer have to announce himself as a law-man or make an arrest before questioning a citizen under Miranda rights? I have had a plain clothes officer of the law act as if he was an insurance agent. He read the Miranda rights and questioned me about events while recording the conversation. At no time did he state he was an officer of the law or that I was under arrest. After giving a willing statement to whom I thought was an "insurance agent," badges came out and I was placed under arrest without warrant. I was not Mirandized again but knew to keep quiet until I could speak with an attorney. My personal property was seized and I was carted off to jail. Is this recording admissible as evidence and was this proper procedure according to NYS law or Constitutional law?​
  10. I have not exercised my visitation rights. I have never truly been there for my children for their entire life except financially because the Child support enforcement collects the support. But I found the mother of my children on social media and made an attempt to reach out to her with a message so that I may speak to my kids. But she hasn't responded. I know I am not perfect for basically being pretty much a deadbeat parent. But I was in a dark place in my life and I am now in a better space then I was before. The issue is the fact that my children don't know who I am due to my lack of negligence. But I am trying to be better as a person. since I haven't had a relationship with my children. I know that I have visitation rights without a question because the support enforcement collects the child support and deducts the payments out of my checks. I have moved out of new york and relocated years ago. Throughout the years I haven't reached out until now. So I do not know where the mother of my children now reside in terms of address and phone number. I only have an email address but I do not know if the account of hers is even being used. Since all of this occurred in the early 2000's. My question is Could I take her to court for visitation even though I know I didn't do my part in being in my children's lives? If so, How could I find her? If I do not know where she is? Because she no longer resides at her old address. She moved. Any info would be great.
  11. On 10/26/2015 @ or around 4:20pm my daughter and a schoolmate were taking the MTA bus home from school. They were followed onto the bus by 5 girls who were students from a rival school in the same building. My daughter and her friend got off of the bus when they felt they were followed and let the group of girls ride ahead. They waited 6 buses later to get onto the next bus only so see a few stops down that the girls had gotten off and were waiting for them. The group of girls got onto the bus, jumped my daughter and her friend. And fled the bus when they were done. My daughter (14 yrs old) was left on the bus crying and bleeding from a broken nose all the way home. NO ONE called 911. Bus driver said NOTHING and never stopped the bus or called for medical attention for this child who was just attacked. He allowed her to ride the bus all the way home that way. She then called me from home. I have filed a report and contacted the school. I am in desperate need of an attorney. Apparently the MTA policy "If you see something, say something.." doesn't apply to children who use their services to commute daily to and from school.
  12. My ex has full custody of our son because I am moving to Florida. I just found out that his girlfriend wants to adopt my son. I said no I'm giving my rights as a mother. Can my ex and his girlfriend still tried to adopt our son him having full custody?
  13. I bought my used car less than a month ago. After asking for the car fax twice I finally got a copy from the dealer. It states it was originally a rental vehicle and over 15,000 miles were put on it from this. There was another owner of it before me tho. I have been nothing but problems with it sense day 1. So after finding out it was a prior rental I had a sense of relief that maybe I can get rid of it now. As in they take the car back and tear up the contract sense the first payment hang even been made on it. Ik on the contract with the dealer that I signed there was a portion that was for if it was a prior rental but it was never filled out and I never signed it. It referenced vehicle and traffic law 417-a. So my question is where do I go from here with this info? I only have a week until the 30 mark is reach. Who do I contact, ect? I live in Syracuse ny
  14. The phrase "included but not limited to" seems to expand a clause in the agreement. This phrase is being used several times in the divorce document and is missing in other clauses that have a short list of items. Does this mean that each clause is to be taken literally and at face value? If something was excluded from a list, and the "included but not limited to" isn't added, can I safely assume it was eliminated on purpose?
  15. I was married for 5 years, 2 kids. She never worked. I was the only supporting the family 2+2. My house was a pre-marital asset and I heard I keep it. I have a retirement plan "profit sharing". What she will be entitled to receive in regard to my income, house, retirement plan. What with the all credit cards debt she is mainly responsible for? I know in details this suppose to be my attorney job but at this point I just want to find the ball park number. How do I calculate the amount she will be entitled to receive? Thank you.
  16. My question involves police conduct in the State of: New York Hello forum thanks for reading. I was arrested for shoplifting last year in walmart. I was picked up on a warrant and fought it in court for some time. I plead guilty and paid fines. I continued to shop at walmart. although I knew it was normal to be issued a stay away, I never was. Last month, after a couple hours of a big grocery shop and sitting on a bench for approx. 15 min. in front of the self check out after I finished, I was approached by LP and asked "Bryce?". I confirmed and was told that I had to leave immediately. I asked why and was told that I wasn't supposed to be in here. I told the LP guy I was never told that and that it wasn't true, etc. He told me his Boss told him that, that he hadn't worked here very long.As I turn, I see the Store Ass. Manager approaching with a State Trooper. Before I could say a word the trooper told me to turn around and put my hands behind my back. I started to speak and he escalated his demand with a louder order. I was cuffed with my hands behind my back in the middle of a saturday afternoon in walmart. I was asked if i had paid for everything in the cart which I had. the receipt was snatched from my hand as i was being cuffed. I did not consent to them taking my receipt. I was brought back to the LP office. When we entered the Trooper told me that he was going to "search me for weapons". he went threw all my pockets and pulled out everything. he found a portable power supply and a chromecast. this was going to target after i was done at walmart. note, i wasnt stoped for shop;ifting but being told i was trespassing he immediately said that i stole it. I said i did not. they sent the LP personal into the store to find the alleged boxes and packaging. there was none because the stuff wasnt stolen. The Trooper then told me "at this point your being detained". after some investigation, the trooper told walmart "damn, he was right, he wasn't trespassed ( he called the trooper from the arrest the prior year to confirm. he was told that I was not trespassed). I then signed a stay out paper from walmart, brought to the barracks charged with petty larceny and released. So there are several issue here I would like to hear thoughts on. first, the detainment by walmart and trooper for allegedly trespassing. Walmart had no idea whether i was ever convicted of shoplifting, or whether they actually had given me a stay away before they called the police. they told me to leave the store but it was only because the police were waiting for me. The trooper never gave me a chance to explain or state my case and immediately detained me. he went well beyond a terry frisk, conducting an actual search of me when i was clearly already in custody. Now, there may be a problem with an unlawful detainment as the officer was acting under reasonable cause to believe i had committed a crime.
  17. HEEELLPP!!! This is in the state of NY … date. 8/7/2015 The landlord (owner) stopped in to tell me that she is getting a divorce and has to move back into the apt. and we have 30 days to move out. We currently have a standing lease with the place (Nov,1 2014 - Oct.31, 2015) we never signed the lease with her, (her name isn’t even on it) we did everything with the husband, even the rent check is sent under his name.. NOW here is the tricky part, he asked that we sign another year lease, stating that we do not have to move if we don’t want to, and that she has no say in it. So we signed an additional lease (Nov.1 2015 – Oct 31 2016) again only with him, as we have never dealt with her up until now. He didn’t even know she was doing this, asking us to move out. My question is 1. Is the new lease (Nov.1 2015 – Oct 31 2016) we just signed legal and are we ok to stay, even though she is part owner of the apt?? BUT never signed either of the leases with us… According to his lawyer it is legal, and we have nothing to worry about… but according to her, it is not and she mailed us a letter of eviction etc. I know that the original lease still stands and we legally have until Oct. 31st 2015 to move out (should the other lease not be valid) therefore I assume that she has no right asking us to move out before that, because of her personal life issues correct? Secondly, what can we bill her for should we just not want to deal with this drama and move out before Oct. 31st? all she offered was to help us look for a place around the same neighborhood, which she sent us one listing that was disgusting!!! Does she have to pay our moving fees? (rental, realtor fee, application fees etc?) What can I do?
  18. Hey, I am wondering if anyone can help me with this. My girlfriend and I recently got our car towed for being parked too close to a fire hydrant. When it happened, I was a bit confused, because normally that is not something the city tows for, you just get a ticket, When we got the car out, we noticed that there were two tickets for being parked in front of the fire hydrant. One was issued at 12:45am, one at 6:00am, the same day. The reason they towed the car was because there were two tickets on the windshield. Logically, I think this is absolutely ridiculous...to give someone 2 tickets 5 hours apart in the middle of the night, and then tow the car at 7am because there are two tickets on the windshield. However, I do not think we were parked within 15 feet of the fire hydrant. By towing the car, they prevented us from being able to argue our case, by using a tape measure to show how far away we actually were. I went and argued the two tickets. My arguments to the judge were pretty much what I typed above, except a bit more eloquent...I told her I thought it was fundamentally unfair that we got 2 tickets in rapid succession, then because we had 2 tickets, the city had the right to tow our car...all while we were sleeping. The judge told me that those tickets could be issued every 3 hours. I've been doing a ton of research...Googling, scouring Westlaw, Lexis, the various NYC Rules and Regulations...nowhere does it say the city can give those tickets every 3 hours. I want to appeal the decision...however I don't have new evidence to submit. I am going to write a letter, and state my case and how I can't find any authority anywhere that gives the city the ability to write those tickets every 3 hours...does anyone have any suggestions for me?
  19. We are filing for an uncontested divorce using the New York State Unified Court System Do-It-Yourself website. We have no children and have agreed on financial matters, including pension, 401k, 403b, existing debt, etc. We will waive all claims instead of preparing a Stipulation Agreement. Our only concern is a recently-purchased vacation home in another state. We agreed that I (wife) will refinance after retirement in approximately 2 years. (The deed and mortgage are in both our names.) Is this advisable or should we prepare a Stipulation Agreement stating such and file with the uncontested divorce papers? Thanks for any advice.
  20. Hello and good day to you. I have several questions that I am hoping you can assist me with. My father passed away a couple of years ago and my mother passed away several years prior to him passing. There are five children. My name is Jason and I am the middle child. We previously went through the admin process with a lawyer. Each of the children signed the admin papers which would have made myself and my older sister the admin to allow for a speedier and fair process. However, the youngest brother and youngest sister went to the lawyer to say they wanted to change their minds about who would be admins for my father's estate. This then stopped the admin process and in addition, at this same time, the lawyer then told us that it would be pointless to have an admin on the estate as she said the property was in foreclosure. This ended the lawyer/client(s) relationship and the admin process. We were refunded the 600+ dollar court admin process fee. *Later we would learn that the house was not in a full foreclosure status! Yet, my youngest sister lied about the foreclosure hearing and court time (she had all my father's mail forwarded to her address) so my oldest sister was unable to attend. This leaves us in the dark with the youngest sister essentially hoarding all of the necessary information we need to move forward. I am prior military and a veteran and my wife is still active duty so we live out of state. My youngest sister confiscated all my paperwork belonging to my mother and father (insurance, car titles, trailer titles, house bank loan info, etc.) so, other than the two youngest children, no one has any information about the house's property standing. We were told by the lawyer that all property (whether it is the house and land or the paid off items such as the camping trailer, motorcycles, Dodge Ram truck, household items, etc.) is to be 'legally' divided five ways. However, since my youngest sister confiscated all of the paperwork, she feels everything is hers. Since she took the title to the truck she transferred it into her name and now drives it instead of agreeing to that with the rest of us or selling the truck and dividing the profits equally. She has also sold the camper and taken many other items as her own. In addition, there is also a 50, 000 dollar life insurance policy that was left by my mother for my father. We submitted the claim at MetLife; however the children were not named as beneficiaries. But, since my father passed away we are entitled to the insurance money (to be equally divided between the 5 children). MetLife is prepared to cut the check, however, they need one of us to submit paperwork showing who is the admin for the estate. Will Questions: If the youngest sister is successful with naming herself as the admin for the estate (if the court allows for that to happen without the consent of the other children) and she sends that proof to MetLife, will MetLife cut one check for 50,000 or divide it equally between the rightful heirs (all five of us)? *I found money in NYS Unclaimed Funds under my mother's name. I filled out the paperwork and included all of my sibling's information. I did the right thing and we were each issued a check in each of our names for $150.00. Will MetLife do the same or do they just have to cut one check to whoever presents evidence of being the admin on the estate? Also, what if she lies to NYS Unclaimed Funds and fails to list all the heirs to collect the entire 50,000 dollars for herself? When we initially went through the admin process each child had to sign and agree to who the admin would be. Is it possible for the younger sister to file for admin of the estate without the other children knowing or having a say-so? Keep in mind that she has taken all of our parents paperwork and many other items (my father's truck, my mother's old jeep, household items, camper, motorcycles, etc.) If she is able to put in paperwork to become an admin without the rest of us knowing and agreeing, will she then be able to send that admin to MetLife, and allow her to claim the entire 50,000 policy for herself? And if she does, what are the legal ramifications of her deceptive behavior? If she fills out the admin papers for the estate and knowingly (maliciously) leaves the other children off the paperwork as rightful heirs to the estate, then what are the legal ramifications? She has already taken property without the rest of the children's consent and I fear she is in the process of trying to claim the insurance for herself as well. I also want to know if the property is in foreclosure, but do not have the necessary bank information as everything was taken without our consent. Is there a way to determine the bank and status of the home?[...] MetLife states the insurance money will be sent to NYS Unclaimed Funds office after several years. However, in order to claim the money there needs to be an admin for the estate. If the estate is in foreclosure and has been claimed or sold by the bank then how do we become admin (proof of being heirs) to claim the money from unclaimed funds? What legal rights do we have to dispute her taking the truck, camper, and other items as her own without family consent and what are the chances of us winning that case against her? Please help as this has been a very stressful situation. We are appalled at the greediness, lack of ethical behavior, and maliciousness by the youngest sister, whom we have no contact with. Thank you so much. Any helping information will help to ease this burden. Jason
  21. In short, my wife's ex keeps repeatedly changing the contact information of the children. My wife has residential custody, and he's changed their info at school to his with some friend of his as an emergency contact. He's not adding these, he's removing us. He's repeatedly changed the bank account information of our oldest (she's 16) that we opened. We're not sure how he got in in the first place! When confronted he claims ignorance and bank error... this CAN'T be legal, can it?
  22. My daughter got accepted to a citywide gifted program in NYC. We have both phone messages and emails saying she was accepted. Her city-wide gifted score was enough to qualify her to the program (97th percentile) but per the the guidelines here (http://schools.nyc.gov/NR/rdonlyres/20A2E9FB-82A4-4310-949E-F9C3D8783D24/0/2010GTHB4890DDOE.pdf) she would be lower priority. We were notified that she was accepted to a gifted program in the district, but after that we were notified that a spot had opened up at a top city-wide school and she could enroll. My wife took my daughter to the school for a tour and enrolled her there. Today they notified us that she was accepted in error and that they were not going to accept her to the city-wide gifted school. Is there any legal ground to stand on to force them to uphold the acceptance? Many thanks. Time is of the essence here as registration deadlines are tomorrow.
  23. My roommate attacked me 3 weeks ago (5/17). She was arrested, charged with assault, & an order of protection was issued (she shoved me in January as well, & a domestic incident report was filed.) She is not allowed back in the apartment unless accompanied by police, to retrieve personal belongings. She has not yet moved her things out, and her bedroom door is locked, preventing me from subleasing the room. My landlord has a key to the bedroom but is hesitant to open it without her permission, even though he is aware of the circumstances. (I have also told him that I have a friend who would like to move in, but obviously can not until the bedroom is unlocked.) I had to pay her portion of the June rent to avoid eviction. We are both on the lease. She is not returning calls from my landlord or her defense attorney regarding when she will remove her belongings from the apartment, and has skipped 2 court dates that would have allowed her access to the apartment with police accompaniment. Her next court date regarding the assault charges is June 15th; the current order of protection is valid until November, and the District Attorney is pushing for a 2 year order after that. I have learned by looking at her social media pages that she moved into another apartment on May 30. My questions are... If I were to have a locksmith unlock her door (or convince my landlord to) and move her things into the living room so that my friend can move in, would I face any legal consequences? Is there any way to enforce her to move her things out, as well as remove her from the lease? I spoke to someone in Housing Court and they said that since we are both on the lease, she can not be evicted by my landlord unless I am evicted too. Regarding her unpaid portion of rent that I covered, they told me my only option in terms of getting reimbursed is civil court. What are my chances of recouping that money? When she finally does remove her things, will I be notified in advance? I would prefer not to be home when she is here, but I'm concerned about her taking items that are not hers; obviously I will remove my personal belongings from the common areas, but as far as furnishings, curtains, etc., is it possible to specify to the police officers who will be accompanying her which items belong to me? Perhaps a "walk-through" with the police before she is allowed to enter the apartment, or a list detailing the items that she may not take? I would also like to ensure that she does not enter my bedroom. I have posed all of these questions to the Asst. DA handling my case but have not received clear answers, and I found out today that he is out of the office for almost 2 weeks. I need this issue resolved sooner than that because I can not afford to keep paying her portion of the rent. Sorry for the length of this post, just wanted to include as much info as possible. Thanks in advance for any assistance!
  24. Good afternoon, So im stuck in a dilemma, and any help would be appreciated. I plead guilty to a DWAI in New York, and I have to enroll in the DDP program and get my conditional license. I was recently offered a job in Florida so I will be moving. From my understanding you are able to take the DDP program in other states, but what I am most confused about is what do I do about the conditional license so I can get to and from work? I was going to go to the Florida DMV and see if they would issue me a new license, with my new FL address, and let the suspension ride out until I can get a new one. My concern is that if I get pulled over in FL, with my NY conditional having my address from up here, that I would be arrested for not following the guidelines. If anyone has any information to help me out, please do. Thanks, SG
  25. I am out of state and need to determine my course of action. I have retained an attorney twice during my support obligations, they tend to be expensive and I would like to pose a question to get some advice since the clerk said I could just speak for myself if I file a petition. My child is: 19 Years old Employed full time A parent Living outside of the mothers home and receiving no support Getting married next month If I understand emancipation in NY as 21, unless the child is married, self supporting and living outside of her parents control. Do I have grounds to petition for a modification ? I'm not trying to dodge my obligations but if they are met and she is acting and living as an adult. Thank you in advance.
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