Questions tagged [new-york-state]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of New York. For questions pertaining to the city use the "new-york-city" tag.

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What type of psychological abuse must a mandated reporter in NY state report as domestic abuse?

If a worker of a medical or psychiatric facility suspects psychological abuse rising to the level of constituting domestic violence or has reasonable cause to suspect such by a parent of their adult ...
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Comments on Rafaela Espinal v. New York City Department of Education et al

I am following up on an old court case that was reported in the news last year that stated: Rafaela Espinal, a Dominican-American woman, claims in court filings she was abruptly fired from her job as ...
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Possible change of state of residency, questions?

My partner recently got a job in a neighboring state and will be moving there and asked me to move with her. She leased an apartment in her name and added me in as an occupant but she's the "...
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Roommate isnt paying her half of the utilities, can I sue her? [duplicate]

So my roommate, her kids, myself, my mother (who is visiting lt) and my dog live in a duplex and we each pay rent, separatly, to the landlord. The utilities are all in my name except the wifi; that's ...
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Does a NY divorce court have jurisdiction to rule on an action that involves the use of Supplemental Security Income funds?

An over 21 mentally challenged person who was certified to receive Supplemental Security Income (SSI) at the age of 18 elects a "Payee" who happens to be a parent. For several years the ...
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2 answers
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Is "No More Mutants" Genocide?

It's September 28th 2005. A heartbroken mother who recently lost her twins and their father has a mental breakdown and utters three words. Too bad that she is a quite powerful reality bender and that ...
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How do I check the texts of New York State laws online?

I want to read up the text of laws online. I am specifically interested in New York State laws. Is there a webpage where I can read up on the text of laws in New York State, or perhaps some other ...
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Does a scheduled child support modification need to go through court?

Divorce happened in NY 3 years ago. Our divorce agreement states that every 3 years we will rerun the child support calculations and determine the new amount I'm to pay. Can we just run the numbers ...
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Are involuntary commitment hearings under the NYS Mental Hygiene Law heard in the county or city court?

All in the title, unfortunately. Under the mental hygiene law one is entitled to a hearing following a 2-physician certification of involuntary treatment worthiness. What type of court is this type of ...
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How to request stenographic transcripts of psychiatric commitment proceedings under NYMHL from Westchester County Court's archive?

What is the process for obtaining transcripts of the judicial involuntary psychiatric commitment hearing and what form exactly would they be provided in?
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What happens to the heirs/successors of Medicaid recipients who are members of Special Needs Trusts?

US and NYS here. I am reviewing options to try and get my elderly mother (she's 75 and quite sick with miscellaneous heart, lung and vacularity problems) eligible for Medicaid. I was told about Pooled ...
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Is it true that it's not illegal for a parent to sell their 13-year-old child to a drug dealer?

My question is prompted by an episode of the TV show Law & Order, specifically the 6th-season episode titled "Slave". In the episode, a couple of the lawyers state as fact that it is not ...
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How to compel small town government to take action when critical infrastructure (sewers) fail?

Upstate NY (USA) here. I live in a very small, rural village (only a few hundred people). The street we live on has a sewer line that all the houses connect to. Last week our neighbors noticed a very ...
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1 answer
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Does private school contract remain valid when family leaves state? Can parents be forced to cover fundraising "shortfall"?

Family signed combined tuition and "fundraising obligations" contract with a private school in NYC, in September, and moved out of state the following summer. The school's position is that ...
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How often can self-storage raise rent on existing contracts in NY?

If a self-storage company has an existing customer who has had a contract for a few months, and they want to increase the rent, how frequently can the rent actually be increased? Thanks
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Can my ex boyfriend legally take back a gift he gave me during our relationship?

My boyfriend and I have been together for a year. During our relationship, he had an old computer lying around in his house that he no longer had any use for. He gave it to me as a birthday gift and I ...
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2 answers
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When Can a Beneficiary/Distributee for an Estate Compel an Executor to Initiate Probate in NYS?

Soon after the death of their father in Queens, NY, two surviving sons, Brother X (who lived with their father) and Brother Y (living in NJ) find their father's will in his personal papers. The will ...
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2 votes
2 answers
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Is it legal for a hospital to disclose details of one's forced hospitalization hearing to a family member?

My mother had me involuntarily admitted in NY State, and the hospital deemed me fit for discharge. There were delays and during that time my mother called in protesting my scheduled discharge. My ...
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What percentage of NYS Mental Hygiene Discharge request hearings are adjudicated in favor of the hospital, or where can this information be found?

In the NYS Mental Hygiene Law, after one is admitted involuntarily by the certifications of 2 physicians, they may be held for 60 days without a judicial intervention. However, if upon being admitted, ...
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Is a certificate from a car dealership legally binding or can they unilaterally change the terms?

The car is purchased new from authorized dealership in New York State in 2014. To sweeten the deal, the dealership gives a certificate to buyer a certificate for free oil changes for as long as you ...
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14 votes
3 answers
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Would there be legal implications in the US to modifying a real vaccine card with fake info?

I know someone who received two doses of the vaccine, and so she has a real vaccination card. But she had substantial side effects from the second dose, and so doesn't plan on getting a booster. Her ...
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1 answer
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When, where and how can a non-profit parent transfer money to a for-profit subsidiary?

New York State (USA) here. A 501(c)(3) non-profit owns a C-corp subsidiary. Under what circumstances can the parent non-profit move money into the C-corp for its business purposes? Obviously the non-...
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1 vote
1 answer
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Limitations on a subsidiary LLC owned by a non-profit

New York State (USA) here. The business structure at hand is a 501(c)(3) non-profit that owns a for-profit LLC. What limitations at the state or federal level, if any, are placed on what type of ...
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4 votes
1 answer
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Can one use evidence obtained in NY in an MA court - specifically about wiretapping laws

New York is a one-party consent state. This means that only one party must consent to the recording of an in-person or telephone conversation. It is an E felony under New York's wiretapping law to ...
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7 votes
1 answer
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Is the plot of Fatal Attraction legally accurate?

Fatal Attraction is a 1987 film. The part of the plot I'm interested in is: Daniel "Dan" Gallagher is a successful, happily-married Manhattan lawyer whose work leads him to meet Alexandra &...
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Right of a third party to financial disclosures arising out of a divorce

I am a creditor of a party who went through a divorce and I was told by someone who had been part of the proceedings that the debt to me was listed among the liabilities of the party in question. Will ...
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If someone is wrongfully chasing a child and the child knocks into something and is injured is the person that is pursuing the child responsible?

If two adults set out to pursue a child that didn't do anything wrong but was in the company of other children one of of whom may have done something, and the child flees and in being pursued trips ...
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7 votes
3 answers
825 views

List of state and federal authorities having regulatory control over microbreweries

Upstate New York (USA) here. I have been homebrewing beer for many years and I am interested in opening up my own microbrewery/brewpub. Before I consult an attorney and CPA I want to do some of my own ...
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3 votes
1 answer
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NYS Tied House Law, explained

Upstate NY (USA) here. Reading the NYS State Liquor Authority's Brewery Quick Reference Guide and trying to understand the Tied House Law passage on page 1: "Tied House...Additionally, the 'tied ...
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29 votes
2 answers
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Is signing a document that I have not seen legally binding?

In medical establishments such as doctors' offices or blood draw facilities I have been presented with a digital signature pad and told to sign one or more times. Usually the person handing it to me ...
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2 votes
1 answer
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How to write a retroactive letter of representation?

An attorney began representation of Mr. X some months ago, as assigned counsel, without a letter of representation. Such a letter is needed now in order to make a court-ordered restitution payment to ...
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58 votes
9 answers
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Can I get a DUI in my wheelchair?

I use an electric wheelchair. Upon leaving a bar, I notice I am pretty inebriated. Obviously I shouldn't drive an automobile, and I don't. But what about my wheelchair? I know some jurisdictions ...
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Does a landlord have an obligation to enforce its noise rules?

Does a landlord have an obligation to tenants to enforce the rules in an apartment lease regarding noise complaints against another tenant, including following through with their "violations of ...
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2 votes
2 answers
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Does a "temporary guardian" count as a "legal guardian" as mentioned in Proclamation 9984?

I'm a US citizen, and I want my young son's and newborn daughter's Chinese grandparents (without green cards) to be able to visit and take care of them in the near future. They don't speak English, so ...
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2 answers
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Allowable deductions for security deposit on rental property

Consider the scenario where the owner of a summer rental property learns that the county occupancy tax has increased between the time when a tenant signed a rental contract and paid the agreed upon ...
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2 votes
1 answer
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Travelling through New York with a firearm

I recently had a discussion with a gentlemen when asking about a scar on his body and it led to a shocking story that almost seemed such an abortion of justice as to not be entirely correct or ...
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New York Education Law Section 2

I was looking at this NYS law about student privacy. I could not understand what makes this different than FERPA. Can anyone explain that? What does this law mean for a teacher?
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1 answer
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Are teachers required to report student suicidal tendencies in New York?

I know that a teacher should report to someone if they think that a student is having suicidal thoughts. But is there a law in New York State that requires it?
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Surrogate Court for Petition of Probate New York-Last Will Date Witness

On page 1, #3 of the below form/link. I have the will. It has the date. There are no fields for printed names, witness, etc. It just has 2 signatures. One of the attorney and one I assume was the ...
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2 votes
1 answer
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Surrogate Court for Petition of Probate New York - COMBINED VERIFICATION, OATH AND DESIGNATION what is SS

In NY, when filling out forms for Petition of Probate, it reads the following: COMBINED VERIFICATION, OATH AND DESIGNATION [For use when petitioner is an individual] STATE OF NEW YORK )_______ COUNTY ...
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1 vote
1 answer
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What is the meaning of "exploitation" in a publicity agreement and is it necessary for a waiver of claims?

An agreement says: "I hereby expressly release, discharge and waive all claims, demands, losses and liabilities...which may arise from my participation...hereunder or as a result of the ...
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How does a lawyer's malpractice liability differ under the following two scenarios?

Situation: A client wanted to do a deal with a third party, and hired a lawyer to structure the transaction. There were several required filings, registrations, permits, etc., to make the deal viable, ...
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Why and when did New York State decide to run grand jury investigations differently from US federal grand jury investigations? Other differences?

CNN's May 27, 2021 video 'Frustrated and concerned': Haberman reveals Trump's view of NY probe includes a short interview with "New York Law School professor and former Manhattan assistant ...
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3 votes
2 answers
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New York City- Tenant Rights

I have a question regarding tenant's rights under a leased property; I can't seem to find the answer anywhere online. What are the obligations of a tenant in a 1yr lease to provide notice of vacating ...
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2 votes
1 answer
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Surrogate Court Petition for Probate NY Notification To Others In WIll

I am in the process of filing papers with the surrogate court for petition of probate. I am just compiling all the needed information and such before I do so. I was told others named in the will need ...
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Searching New York civil litigation case law

Are civil cases litigated in the state of New York between private businesses back in the 1980s accessible to the general public somewhere somehow, either free or behind a paywall? Say I know that a ...
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Would it be legal in New York to only hire from Harvard Law School?

The premise of the television programme Suits relies on a New York law firm so élitist that it only hires Harvard Law School graduates, and rejects all other applications. In real life, would this be ...
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12 votes
2 answers
4k views

Can a real estate agent refuse to show a rental property (apartment) in NYC if I don't provide my eligibility information?

I'll email the Nooklyn real estate agents in the New York City area with a question about the property (e.g. floor level, elevator availability, cost of parking, etc.), and they almost always respond ...
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1 vote
1 answer
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Surrogate Court Petition NY - What County

FOR NEW YORK STATE If you need to submit a petition to the surrogate court for executor purposes, what County? I was told the county that the person passed away in and issued the death certificate, is ...
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2 votes
1 answer
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What activities will require an Excelsior covid pass?

NY's website and re-opening plan is difficult for me to understand, and the website is very opaque. What sorts of activities will require an Excelsior pass or recent negative covid test, and will ...
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