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Found 129 results

  1. Under what circumstances would a court disregard precedent? This is a general question, it does not pertain to any particular case.
  2. 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.
  3. 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.
  4. 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?
  5. 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.
  6. 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?
  7. 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.
  8. 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?
  9. 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!
  10. 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 ?????
  11. 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
  12. 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?
  13. 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
  14. 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.
  15. 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.
  16. 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
  17. 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.
  18. The FindLaw article - What to Expect - A Lawsuit Chronology states, "In jurisdictions where an action is commenced by service, the action can go on for a long time before the court ever becomes involved." Question - What are the jurisdictions - locations - anywhere in the United States - where "action is commenced by service"?
  19. I wanna know if there's a statue of limitations on a order of commitment?
  20. I am newly split with my live-in girlfriend and soon going to be adding child support for my 5 year old to the already current garnishment for my 2 older children I have with my ex-wife. I have a credit of $1,800 of over paid child support on the existing account with my 2 older kids. I'm concerned that while the wheels of Suffolk County Child Support Justice spin and the paperwork process etc that I will end up in arrears with my 5 year old being entered into the system. My question is will that $1,800 credit I have with Suffolk County Child Support "cancel out" any arrears that will occur with the lag in time resulting from the addition of a new dependent? Thanks for anyone's help with this. I would greatly appreciate it! Mike D.
  21. With regard to restitution, when does the "20" year time period begin for Federal Crimes? Does it begin when you are sentenced or does it begin when you are released from prison? During my period of incarceration, I was paying restitution monthly which began in October 1996. I have been paying restitution ever since that time period. Additionally, I have read where restitution changes from a criminal judgment to a civil judgment when released from probation. Is that correct?
  22. I was Munchausen by proxy. I gave my recent medical care person in a place called one medical my information. ihave 50 years of being me in my body and also the last 19 given back my life not off of competent medical care but me. I made progress taking my lfie from a medicaly abused neglected kid from a honor student in art school no drugs into a hell and take my life back from doctors. I repeatedly told doctors over and over my story so that id get reasonable care instead they tried to listen to sick family twisted logic or not at al orjust pick u one word. the fake diagnosis attached to me in hysteria... that lead to years of abuse. by a miracle 12 years of torture and witness to worst after. I walked into jobs in nyc in art world and began crudely to reverse my life and the abuse. it lead to 19 years and a very miracle recovery of which some people and my family were no to happy for me to thrive again. being a dead give away to intent and fear of me talking . the I'm nog toing to go to jail for ur fukcing life kind of attitude despite they were given a normal ife. I got a super life and it was also jelousy to that now I did not die like they wanted but I had a happy cool life. in last few years had to ask for help to escape and recover from some persons with intent to reverse my life. the medical person input a fake diagnosis not that I was Munchausen. Not only did it prove deadly but also defamation and a long trail of evil attached to this and others riding it to try to rob rape and get off with murder and abuse.. leading to me to suffer the loss of my extremely fun and happy life and it turned back into hell to please a sick family.. I want to sue them for defamation from day one I can prove this, and lived 19 year as a free of them life . one sister went to extremes to follow me when I escaped them and thrive she had no interest in me but to abuse me for 15 years. but till I escape and thrive she track me down when I cut them off for good.. this is just one of the insane senarios of my life story. after 19 years of healthy ife I'm now left a basket case while doctors sat and let me lose my life and did not think of my health or the loss of my health and ignored me.. to death..
  23. Quick question: Unmarried and in very contentious relationship with mother of my children regarding visitation. It looks as if the courts may have to get involved, however, I live in Brooklyn, mother lives in Staten Island. Where would I file any court papers, in Kings or Richmond County? Thanks.
  24. I worked in a private but large employer who seemed to have different standards for women & men. As an example, I was required to move to NY from TX as many of my people worked in NY but had others around the country. Had a male colleague (peer) that was also asked to repo to NYC and believe he did however he was rarely in as he was busy in the field with construction. I heard recently that he was moving to CA. We do not have an office there. The VP of HR said his wife got an opportunity there with work so they were allowing him to move to CA to live and work though his only people reporting to him live & work in NY as well. He had no remote people while I did. Coincidentally after mentioning that I thought this was a problem to the VP of HR along with other workplace issues she told me that she would support me finding other employment and would keep it confidential as long as I told her I was going on an interview and turned in days for that. Within a few weeks of this conversation, I was let go for causes that are petty at best and not applied fairly across the organization as a) turning in a vacation day without verbally talking to my boss at 11am the same day was the cause I was given and I had worked from home another day the previous week after experiencing issues with the train commute also not telling my boss. I am 100% certain that I would be a precedent for this reason and have evidence of treatment by my boss where he created an environment where speaking to him or him speaking to me was almost zero as he inherited me from someone else and had no interest in anything I did. This boss who also informed me that a pregnant employee was unwelcome in our workplace (I have 4 witnesses to that and trail of emails). This boss who told me he only wants to work with his "family" in the business that he knew from Day 1 and had no other interest in adding anyone to this family. The same boss who protected men who behaved badly in full view of others. Where do I start? Is this an employment environment complaint or wrongful term? There is much more like starting meetings with blonde jokes & on & on. Help I am a TX transplant to NY and now left here... Thank you very much
  25. I transferred a piece of land on the east side of the road to my ex husband in a divorce. It was not surveyed but was part of our original land and had survey pins and thr road was a boundary- plus or minus 15 acres.The lawyers receptionist drew up a quit claim deed which did not close the property on 4 sides but wandered over across the road. As a consequence it went to the tax map dept and they gave my ex 3 acres on the other side of the road unbeknownst to me until I went to sell it and discovered the error. He will not sign off on the new deed and claims I "owe" him that land because it says in the divorce settlement 15 acres - no description of that piece of land and no plus or minus. That 15 acres just refers to the parcel not actual acreage which in fact turned out to be 12 acres. Again he wanted the parcel and chose no survey.My lawyer is dragging this out - its been one year.
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