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Found 137 results

  1. Hi, I rent an apartment in Manhattan, NYC which is rent controlled and obviously, the rent is "below market value" for the neighborhood. My son lives with me and I am planning on leaving the apartment but he was going to stay because of the low rent. Is it true that he can not stay because he is not the renter? Is this how it is? I tried looking up the law but couldn't find anything. I just want to know what the law is. 1) I thought immediate/direct family members (i.e. husband/wife, mom/dad, brother/sister, son/daughter) who lived in the same apartment were entitled to stay should the person with the name on the lease move out. 2) I thought one could ask for a family member living in the apartment to be added to the lease. 3) Is there a law that states a renter must reside in the apartment they rent for any specific length of time? If so, what is the legal minimum? This is all to know my rights and my son's rights (if he has any). He has lived there with me his whole life. If he has no rights, then he has no rights but thought I should find out before getting foot in mouth disease with the landlord. Thank you. Fritz
  2. Our mother passed 20012 and left an apartment in new york city. I petition the state and obtained a certificate of voluntary administration, but our younger sister who care for our mother her last couple of years insist that the property is hers even thou mother never made a will. Mother's children were five. How do I enforce the authority given in the voluntary certificate
  3. If a lawyer is paid in excess of 20, 000, to defend in a criminal matter, and yet this attorney does not put in to suppress any evidence, despite the manner evidence was obtained is classic , first year law school , illegal search and seizure(. While defendant is not at location, car is not in driveway, doors are locked from the outside, curtains all drawn, and landlord opens door for police knowing defendant was not at home). Evidence seized was illegal drugs, gun and ammo, and landlord states he was in side earlier and him and his girlfriend the only ones with the key, admit they knew the items recovered were there as they werte inside with the items, and landlords are drug addicts, who wanted wwway to evict tennant who was no where in vicinity, but lawyer does not challenge. ALSO, police searched bldg for several hours and then went and got search warrant, (Like closing barn door after the horses get out. Phone calls from another person submitted to grand jury as defendants, with proof positive calls were not defendants, no suppression hearing, or motion for, other false testimony , that could be proved was false, presented to grand jury, no objection by this attorney. Allowed sentence to occur wqithout correcting errors in presentence rep[orts, and this just for starters...
  4. my step-mother is the executrix of my Dad's Will. He died in Sept 2017. The will has not gone into probate. She refuses to show me the will or to tell me who their lawyer is. Now she tells me that my Dad's will no longer exists, that it was destroyed because she has made a new will for herself. Supposedly my Dad left everything to her (they left everything to each other) that includes the house and family cottage (value around $275,000 total) Doesn't my Dad's Will have to be presented before Surrogate court first, for waivers to be signed by his adult children , before she is allowed to make changes to my Dad's wishes I don't know about? I have been trying to be nice and patient because there are many things in the house that belonged to my Mom who died 35 yrs ago and I want to make sure I get her things. She is going to be putting the house on the market this summer. She is 85 years old and trying to keep every penny for herself, two adult daughters and her grandkids.
  5. I apologize in case this isn't in the right category. I'm on my phone, and wasn't able to find a more appropriate topic. My fiance has a myriad of health issues. Lately, he's been having stroke -like symptoms. I'm the only one who can take him to the hospital, and stay with him. (One of his episodes, he was NOT able to speak). This causes me to miss a day or two of work each time. Not being married, I know that FMLA should not apply. Is there anything I can do, or use, to avoid disciplinary action for attendance?
  6. What law or case law overrides any licensed contractor's agreement or contract that overrides responsibility when the issuing agency changes the guidelines or rules?
  7. I live in New York City in a pre-war co-op apartment building and I've been having problems with the cold water in my kitchen and bathroom. It takes 5-10 minutes for the water to become cold. It often starts out warm or lukewarm (75-80 degrees fahrenheit). Others in my apartment line also have this problem. I told my super about it and he thinks the problem is in my apartment line somewhere but that trying to identify and locate the problem will cost thousands of dollars and will involve opening apartment walls and taking out pipes etc. One board member doesn't think it's an issue as he said something about cold water reaching ambient temperature when it sits in pipes for a while. I don't think this is true because I used to live in a different unit in the same building where the water temperature was 58 degrees fahrenheit and I feel that I should be able to expect the water to be cold when it first comes out.There are a lot of people who don't think it's a serious issue but it's a real nuisance to me because I drink a lot of water and I like to brush my teeth with cold water. Is the building required to fix something like this regardless of the cost, difficulty, or inconvenience? And how does one determine what 'cold' water is? I talked to one lawyer about this and he said that cold water is defined as water that's drinkable and what I described to him does not sound like drinkable water. Others say that cold water just means water that isn't hot. What are your thoughts? Do I have grounds for reporting my building management to the city? Please write back to me as this issue has really been stressful and upsetting to me. I've tried to get my building to do something about this but have had no luck.
  8. Hello everyone. I recently was offered and accepted a management position as a Director of the coordination department at a home care agency located in NYC, and that I would eventually transition into Director of Operations. I received a job offer letter stating the title, salary, and description of goals. Well, first day I began with the agency, I met briefly with the CEO of the company, same person that made me the job offer, and he stated that he was not going to introduce me as the Director for the first week, so that I can blend in the staff, identify personnel that are not doing a great job, and identify opportunities where the agency can improve its performance and practices. He added that I would be introduced as the director second week in. I didn't question his intentions at the time because I had no reason to suspect he was fooling me, so I went along with it. During the first and second days at the company, I began to notice that the office staff had no idea why I was hired and began to pass me work they did not want to. Third day at the company, I reached out the CEO and expressed my concerns and disappointment with not being introduced as the director, and even explained that I found areas where the agency was lacking and could improve to better service and retain it's clients. He stated he would come to the office next day to clear things up. He never showed. So I reached out to the VP of Operations, who oversaw the agency and I explained to her what I was feeling. She stated that she was told something else about why I was hired and that she would look into it and get back to me. Now the second week went by and she did not get back to me. Payday arrived and I did not receive my pay for the first week employed deposited to my bank account. I found that to be strange because I submitted my bank information first day of began with the agency. HR told me that my bank info was given to the VP of Operations. She claims that she "forgot" to submit my bank info the payroll. So I was given a payroll check instead. I deposited that check into my bank account, and would you believe that the check bounced? Yes, the check bounced the next business night, Monday night. That bounced checked caused my account to be negative because I scheduled payments to be deducted after I was received payment. And because my account was negative, I was also hit with several overdrawn penalty fees which added to over $200 in fees. When I brought this to the attention of the VP of Operations, she pretended to be shocked, but then stated that they had issues with check numbers which is why my check was returned. So she presented me with another check, which when I tried to deposit I was denied because the funds were not cleared so I had to wait 2 days for the funds to clear. During my discussion with the VP about my concerns about not being introduced as the director and given tasks of an entry level coordinator instead, she mentioned that the CEO has done this before to several past employees which is why the agency has lost several good employees, and that he had no intention of employing me as the Director. She continued to explain that his goal was to hire me at the salary he offered me, and fire 2 coordinators and assign me their work to make up for my high salary. He did not mention this to me and I would have never agreed to that if he would have stated that in the interview. Now after learning that I was fooled and receiving a check that bounced and having to wait nearly a week for the check to clear, I decided to end my employment with the agency. (Side note, I learned that several field employees have experienced issues with receiving bad checks as well). My questions are, is it legal for an employer to change your job title and responsibilities without an employee agreeing to it and after receiving a job offer letter that clearly states what was agreed? Also, should I file a claim against the company? If so, how can that be done? I welcome any suggestions and advice.
  9. Under what circumstances would a court disregard precedent? This is a general question, it does not pertain to any particular case.
  10. hello, my friend pled guilty to a non violent felony & had to sign a waiver to rights to appeal. In court, the judge rattled off some of these rights and I was unable to write all them down Here is what I had so far: Right to remain silent (next to this I wrote, guilty - waiver this right) Right to higher court Right to appeal both conviction and sentence That's all I got. How can I obtain the remaining rights he waived? Our lawyer said I can find them online but I am getting no where.
  11. I was accused of a crime of a crime were I work, and there was no evidence to charge me , Could the state now step in and charge me if the allegations took place on federal in a federal building?
  12. A minor was charge in the first degree to another minor. minor charged had no previous crimes and is a good student victim is minors sister and not forced.
  13. samurai1


    My tenant is refuse to clean the yard after his big dog (Pit-bull) Running unattended freely. Make his business wright at my door is disgusting! digging holes on my property! Unable to take care off my property. Anther tenant is to complain nowhere to step. The tenant is without a lease (contract expired ) continuously late rent payment! What can I do? For Eviction have no money! Is there any Authority to make him clean up the yard? It s his duty! Thank you.
  14. I recently had Gastric Bypass surgery. On the day that I was set to go home I was paid a visit by the Cheif Nursing Officer and the head of Infectious Diseases, as well as my doctor, where they informed me that the tools that were used in the operating room during my surgery were not sanitized correctly, they are supposed to go through two sets of sterilization and they only went through one thus putting me at risk of exposure to different diseases, such as HIV and Hep C. They took my blood while I was there at the hospital and then given prescriptions for medications to potentially fight off HIV if I was in fact infected. These medicines make me absolutely sick to my stomach, on top of already having to deal with recuperating from surgery I have to deal with being sick every day, all day. They admitted their wrong doing and that they would cover the cost of the medications, but my insurance covers it anyways. I just don't feel that it's fair that I have to be sick every day for the next month while I take these pills to fight off something they may have given to me. And the fact that I won't know for a long time whether or not they even did. Do I have options?
  15. I NEED A LAW FIRM WHO CAN GET IN FRONT OF MR. TRUMP TO PRESENT MY CHILD KIDNAPPING CASE. Open Letter to Mr. Donald J. Trump regarding CRIMES AGAINST HUMANITY - Taxpayer-Funded Human Trafficking, Harboring of Illegal Aliens & Child Kidnapping under the RICO ACT JUDGES ABOVE FEDERAL LAWS? CONSPIRING IN CHILD KIDNAPPING & HARBORING OF ILLEGAL ALIENS! Violation of the Federal Immigration and Nationality Act 8 USC ยง 1324(a) (1)(a)(iv)(b)(iii) 200,000 Children every year Kidnapped or wrongfully retained into USA by Illegal Immigrants and supported by criminal Judges who VIOLATE their Oath and VIOLATE the American Constitution! "All laws, rules and practices which are repugnant to the Constitution are null and void" Marbury v. Madison, 5th US (2 Cranch) 137, 180 I am victim of a child kidnapping case by an ILLEGAL ALIEN who has been protected by corrupt judges. I need a smart and open minded (REPUBLICAN LAWYER) to help present my case to Mr. Donald Trump to finally get JUSTICE. My wife J**** A***** is ILLEGAL in the USA. As you know, Mr. Trump will arrest all ILLEGAL ALIENS, especially those who overstayed their visas. My wife is one of them. I wrote hard copy letters to Mr. Trumps office. Please let me know if you can help me and get this case in front of Mr. Trump. There are 200,000 children being kidnapped into USA by ILLEGAL ALIENS and they are protected by the corrupt Obama administration. I want my child back.
  16. I have two children. The birth mother of both children died in 2014. The children have different fathers. Prior to their Mom's death, I had joint custody with their Mom of one of the children, a boy, whose father attended the first of the joint custody hearings, but asked the judge to let him stay out of it as he did not want to be involved in the boy's life, so I was able to get joint custody. When the mother died, the father petitioned for custody of the child. He withdrew his petition for custody the day of the first hearing via his lawyer and did not attend the hearing. The judge dismissed his case and made no further ruling. The child has been in my care ever since. Regarding the girl, after the death of the mother, I petitioned the court for sole custody of her, as did the birth father. I prevailed and was awarded sole custody of the girl. For college, I know that the schools look at the finances of both the parents and children if the child is in a custodial situation, however, the schools only look at the finances of the children if the child is in a guardianship situation. This will make a huge difference in the amount of financial aid the children will be eligible for when they apply to college in a few years. They are both in elementary school, so I have time to start saving, but I would like to be prepared so that we can afford the best schools possible when the time comes. I am uncertain if what I have is considered legal guardianship. How do I find out? The custody paper for the boy are the old ones from 2014 stating joint custody with the mother. The papers for the girl only refer to custody. Nothing is said about legal guardianship regarding either child. Does anyone, know how I proceed?
  17. I live in a NYC high rise condo, which I've owned since 1999. Common charges are quite high, but I always pay them (along with whatever ridiculous assessments are tacked on) without fail. Recently, upon receiving my statement, I noticed that another condo owner's statement had been mistakenly included with mine. Curious, I took a look. This person's apartment is 3 floors higher than mine, and about TWICE the square footage, and yet, their common charges were substantially less - the common charge was about 30% less than mine, and the assessment we're currently paying was about HALF of what mine is... How is this possible? I haven't taken this up with the management company yet, as I know they'll want to know how I came by this information. Of course, the truth is that they just made a mistake and sent it to me... But I figured I'd check in here first and see if I could get any insight as to what might be going on. Thanks in advance!
  18. Hello I need help I graduated a two year program at suffolk county community college and In the beginning of the summer ( end of may) 2016 I applied and signed up "online" for fall classes at farmingdale state college. during the summer alot went on I had to leave my house and reside with a friend. I found a job and was working but all of my funds were being used and saved for a car and for a place to rent. I could not afford to pay for the fall semester so I decided not to continue forward with my degree at this time. In October I receive a bill for $4,000 saying I had to pay !!! I called the office and there were abrupt and said I am Liable for the bill ! I asked them why didnt I receive 1 notice during the summer saying I had to withdraw at all ? she basically said it was my problem and not very nice. During the 5 semesters I attended at Sccc If you didnt pay by midnight on the due date you were dropped and could not attend.The same for my sisters college no pay dropped at midnight of the due date ! I never went to Farmingdale and I never even went there to get student ID or a parking pass or pay 1 dime. I never received any notice or bill all summer until October when 1- it was too late to cancel and get money back and 2 it was too late to even consider quitting my job and going to the classes as I would have had too many absences. If I had seen a bill or notice at any time during the summer I would have easily found a way to call them or go online and withdraw with a few clicks. I 100% HAD NO IDEA THAT THIS NEEDED TO BE DONE. and I feel like they didnt send any notices or contact me until it was too late with the intention of making extra money for themselves. So now I need an Educatuion lawyer to help me remove this bill as I do not want to start off with bad credit from the begininning. any reccomendations ?????
  19. I am a Veteran Street Food Vendor and I started my own business. I am also a member of a 501c3 organization dedicated to Veteran Entrepreneurs. I want to initiate a class action lawsuit against NYC for damages to my business because they took liberty with state law that protected us. Rossi is at the appellate again trying to get 35a out of food again as we speak. The City has not freely issued citywide food permits since the 80s. The statute 35a is vague so the city is taking advantage of that to take jurisdiction(our location tickets are being routed to ECB judges) and harass the Veteran Vendors of the City. My business is not doing so well right now because the City of New York is taking liberties with a State Law that outlines the issuance of licenses to vend. The City Law is Rules of the City of New York (RCNY) title 24 chapter 6-13. The state law is New York State General Business Law article 4. The pertinent cases involved are attached along with some sessions. If I could get sessions for the original section 35a(1991) that would be great. Really what I would like is the entire legislative history to 1896 (chap 371), but I digress. The action involves around 1500 Veterans in NYC approximately(those that would have interest in a license to vend food). The damage is limiting us to around parks and requiring us to be around our carts 100% of the time they are vending (I want my cart employed 100% of the time, but that doesn't mean I want to be there that much). I understand we should be there when our special privilege(locations outside citywide permit access) is being used, but not 100% of the time. If there is a lawyer out there that wants to take this case the award would go 10% to them 10% to my 501c3(if thats legal) and 80% to the damaged parties. R/S NYMarineVET Matter of Rossi v New York City Dept.pdf chap371.bmp Food vending presentation.pdf General Business Law Article 4 section 32.doc General Business Law Article 4 section 35.doc General Business Law Article 4 section 35a.doc KASWAN v APONTE.pdf sessions 1995 35a(2).pdf sessions 35a 2004.pdf sessions 1995 35a.pdf
  20. Does a County Court have concurrent jurisdiction over mortgage foreclosure actions in New York State outside of New York City or does Supreme Court have exclusive jurisdiction over mortgage foreclosure actions?
  21. PL 160.05 00D Felony, 1 count, Not an arrest charge, Not an arraignment charge DescriptionRobbery-3rd Indictment Count4 Date Added10/06/2016 PL 160.10 01C Felony, 1 count, Not an arrest charge, Not an arraignment charge DescriptionRobbry 2nd/aided By Anoth Indictment Count2 Date Added10/06/2016 PL 120.05 03D Felony, 2 counts, Arrest charge, Not an arraignment charge DescriptionAslt-2-int Caus Ph Inj To Off Indictment Count8 PL 160.10 2BC Felony, 1 count, Not an arrest charge, Not an arraignment charge DescriptionRob-2nd:displays Firearm Indictment Count3 Date Added10/06/2016 PL 205.30 00A Misdemeanor, 1 count, Not an arrest charge, Not an arraignment charge DescriptionResisting Arrest Indictment Count5 Date Added10/06/2016 PL 120.05 03D Felony, 2 counts, Arrest charge, Not an arraignment charge DescriptionAslt-2-int Caus Ph Inj To Off Indictment Count7 PL 120.05 03D Felony, 2 counts, Arrest charge, Not an arraignment charge DescriptionAslt-2-int Caus Ph Inj To Off Indictment Count9 PL 120.05 03D Felony, 2 counts, Arrest charge, Not an arraignment charge DescriptionAslt-2-int Caus Ph Inj To Off Indictment Count6 PL 160.15 04 **TOP CHARGE**B Felony, 1 count, Not an arrest charge, Not an arraignment charge DescriptionRobbery-1st:displays Firearm Indictment Count1 Date Added10/06/2016 PL 120.00 01A Misdemeanor, 1 count, Not an arrest charge, Not an arraignment charge DescriptionAslt W/int Causes Phys Injury Indictment Count10 Date Added10/06/2016
  22. Hello, My question is if you have a hearing, and the charge is dismissed. Is it legal for the DA to to submit a new violation? It appears he do so because the defendant won the first hearing.
  23. I am in a almost two year battle to vacate a guardianship of two of my children. The guardianship was granted without out my prior knowledge and now it's heck getting all parties to show up so the case can be heard. I am the biological mother, the father has completely washed his hands of the situation and was the one who gave the ok for the guardianship to proceed. He will not show up for court anytime he has been notified to show. The person who was awarded guardianship was once a close friend of mine but now that she is preventing me from seeing or talking to my boys we could never be friends after this. I have been trying to obtain an attorney but no one returns my calls and the free attorneys there is so many hoops to jump through just to get a consult with them. In the process of me trying to vacate the guardianship I am trying to get Court appointed visitation since that will probably be the only way I can see them. Where I need help is do I modify the guardianship to include visitation or do I have to petition the court seperatlelyfor visitation. Someone please help two years of this nonsense has been long enough. I need to get my kids before they think now I ran out on them permanently.
  24. Can you enter a petition for visitation when there is already an order in place be that custody or guardianship??? Or do you submit a petition to modify the current order to include visitation
  25. My boyfriend has two daughters 3 & 5. He and their mother have a personal agreement as to the custody/visitation schedule as well as supporting the kids financially. Now, because the mother receives social services, the county is taking my boyfriend for child support. The two already have a personal agreement for financially supporting the children. Their mother is very against the child support as well. My boyfriend has a high income but a lot of bills and credit card debt so we fear that paying child support will bankrupt him. The kids are already well cared for and happy and healthy. Their mother has no income aside from her social services so my boyfriend buys them everything from diapers to food to clothes. CS would cost so much more than what we actually spend (and what is needed for the children) that he wouldn't be able to afford it. Their mother wants us to write up a letter stating that we provide for the children without CS and don't think it's necessary. My boyfriend asked me to do it as I'm a better writer, but I'm lost as I've never written a legal letter for CS. How do I go about writing this? I'm just not sure of a good way to word everything.
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