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.
328
questions
1
vote
1
answer
70
views
Does anything like “indirect discrimination” or the “duty to make reasonable adjustments” exist in the U.S.?
The U.K. Equality act 2010 introduces a notion called “indirect discrimination.” Basically it’s things that one does that disproportionately affects individuals possessing a protected characteristic (...
- 9,113
36
votes
2
answers
6k
views
Theft by proxy using wild Crows?
Feeding birds gets them to behave different, we all know that. Allegedly, someone feeding crows turned the neighborhood crows to turn them into an active deterrent for thieves - and an alert that an ...
- 33.5k
2
votes
0
answers
119
views
Speeding tickets issued to foreigners without U.S. driver's licenses [closed]
Just recently, my friends (tourists) and I booked a rental car just for a day trip in New York. Unfortunately, we got caught by a cop for speeding. I showed my foreign driver's license to a cop and my ...
- 29
3
votes
1
answer
817
views
Is a judge or jury "to assume or presume" testimony not given after invoking the fifth amendment would have been negative in a civil trial?
In CNN's ‘Very bad strategy’: Legal expert reacts to Trump’s latest attack on judge after 03:11 there's the following exchange with former federal prosecutor Renato Mariotti:
CNN: And of course, when ...
- 612
0
votes
1
answer
52
views
What is the cause of Letitia James’s “civil claim” against trump? [duplicate]
It’s confusing to me because her standing seems to derive from her position as attorney general, and yet this is a position that is meant as I had understood to prosecute crimes, not civil matters. So ...
- 9,113
2
votes
0
answers
70
views
New York City and New York state Antique Gun Laws
Please excuse my unclear question that I posted before, but here is the revised question: Can you legally own an antique LONG ARM, for a personal collection because of its historic significance in NYC?...
- 21
9
votes
3
answers
2k
views
Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?
While the US constitution does contain the Interstate Commerce clause, it is argued that revocation of a business license and dissolution of a business following a US state's legal process can not be ...
- 612
27
votes
2
answers
10k
views
Why is Trump's alleged fraud in New York not prosecuted as a criminal offense?
The New York Attorney General has filed a civil "complaint" against Donald Trump as well as some family members and companies. The allegations are centering around fraud by inflating ...
- 4,747
9
votes
2
answers
4k
views
Is it legal to collect payment for event entertainment services up front in case they cancel?
Is it legal for a children's entertainment company (that provides services like face painting and balloon animals) to take full payment up front to reserve a client's date? It would be in order for ...
- 109
2
votes
1
answer
100
views
Can students transfer to a new high school purely on their will?
My high school life was subpar at the very least. I was constantly bullied and never received the necessary protection from school staff. This coupled with dwindling grades created a negative feedback ...
- 21
2
votes
1
answer
480
views
Property and Intestacy when married
What happens to property without a will while it is in probate?
An IRA with a named beneficiary is exempt from probate.
A house in joint tenancy does not pass through probate.
However, say a car is ...
- 1,473
1
vote
2
answers
116
views
Is Scamming Extortion in New York?
Welcome to the Internet, where people are the worst and want money for nothing:
Alice is a normal citizen of New York with an e-mail address. She receives an E-mail from Bob, a New York State Citizen, ...
- 33.5k
18
votes
7
answers
10k
views
Is it bigamy to marry someone to whom you are already married?
The goal is to obtain legal proof of marriage with the least amount of effort, such as travelling overseas and hiring translators and notaries. This is not a "renew vows" situation.
Answers ...
- 2,040
1
vote
2
answers
382
views
Why wasn't Trump criminally charged for sexually assaulting E. Jean Carroll?
E. Jean Carroll has sued Donald Trump for battery. But battery is also a crime. Is anything known, or can we make any reasonable inferences, about why New York State hasn't charged him for battery?
- 339
-5
votes
3
answers
118
views
Infidelity and child support
Lets say hypothetically I got married and had a child. Five years later my wife sleeps with several other men but I don't have proof of this. I wish to attempt to gain full custody of the child, ...
- 772
2
votes
1
answer
174
views
Why do the pundits think Trump would only be fined if convicted?
I asked Are there any sentencing guidelines for the crimes Trump is accused of?, and the answer is that the normal range of sentences for a non-violent class E first offence felony in NY is 1.5 to 4 ...
- 13k
16
votes
2
answers
3k
views
Could DA Bragg have only charged Trump with misdemeanor offenses, and could a jury find Trump to be only guilty of those?
My understanding is that one of the most legally controversial parts of DA Bragg's indictment of former President Trump is the decision to elevate the charges of falsifying business records — ...
- 735
9
votes
1
answer
2k
views
Are there any sentencing guidelines for the crimes Trump is accused of?
Does New York have sentencing guidelines? If so, what do they say about the felony falsification of business records, and the associated conspiracy, that Donald Trump has been charged with?
- 13k
8
votes
2
answers
3k
views
Why are charges sealed until the defendant is arraigned?
The indictment against Trump is sealed until he's arraigned.
I am confident that the public (especially the legal community) is curious as to the exact charges.
Why not release the charges to the ...
- 6,955
0
votes
2
answers
85
views
What specific documents describe a US Postmaster's roles, responsibilities and the extent of their powers?
In the United States, and more specifically, New York State (if it makes any difference), which set of publicly-available, written document(s) describe the exact nature and extent of a US Postal ...
15
votes
2
answers
12k
views
Why would Donald Trump be arrested?
The New York Times writes:
Donald J. Trump is preparing to walk into a Manhattan courtroom as both a defendant and a candidate, making final plans for his arrest on Tuesday [...].
Why would he be ...
- 4,747
0
votes
2
answers
57
views
Is a lawyer required to discuss adjournment requests with a client before consenting?
If an attorney receives a request from opposing counsel to adjourn an upcoming hearing, (which would then be communicated to the court as a joint letter) does he need to consult with his client or can ...
- 25
1
vote
0
answers
48
views
Question about audio recording my in-person conversations in New York
In NY State, which is a 1 party consent state, can I audio record a conversation with my friend without their consent if they are a minor? ( I'm 18, he's 17 )
I was told minors can't consent to being ...
- 11
1
vote
0
answers
218
views
What are the Statute of Limitations for New York City and State Human Rights Laws?
I am looking for some clarification on the Statute of Limitations for both the New York State Human Rights Law and the New York City Human Rights Law.
Under Section 297 of the New York State Human ...
4
votes
2
answers
169
views
Can the US House compel a state prosecutor to provide documents about an upcoming state court case?
The US House Judiciary Committee, Oversight Committee, and Administration Committee all sent a letter to Alvin Bragg, the current New York County District Attorney overseeing the New York "Hush ...
- 148
2
votes
0
answers
38
views
What does "not providing" a zoning yard mean, in practice?
I've seen, in a number of New York state municipalities' zoning codes, the requirement that a (front, side, or rear) yard have a minimum size only if "provided". ("Yard" is defined,...
- 131
14
votes
1
answer
2k
views
Why are trials on "Law & Order" in the New York Supreme Court?
On the TV show "Law & Order", when they cut to the trial it's usually accompanied by a chiron (along with the trademark "dun-dun" sound) saying something like "New York ...
- 1,732
3
votes
1
answer
196
views
Alice wants a divorce but Bob does not. What can Bob do to stonewall the process and what are the consequences of doing so?
Alice wants to get a divorce from Bob. Bob is an upstanding member of society. There is no credible case against Bob for any crimes or impropriety (no abuse, infidelity, etc). Bob does not want Alice ...
- 187
3
votes
2
answers
131
views
Could an international organisation be sued in New York, if they have a presence there but the crime happened overseas?
Using sexual assault legislation as an example.
New York State Senate passed the Adult Survivors Act in June 2021. This act created a one-year look back window for survivors of sex crimes who were 18 ...
- 141
1
vote
1
answer
106
views
What is it about the SDNY that results in the phenomenon captured by the slang name "Sovereign District of New York"?
The SDNY seems to hear a lot of high-profile civil and criminal cases that many might argue verge on jurisdictional overreach or extraterritorial jurisdiction. In any case they certainly see a lot of &...
- 9,113
3
votes
1
answer
220
views
Are there "common-law-marriage" like implications in states without common law marriage?
There are only under 20 states that recognize common-law marriage.
My question is, in the other 30+ states, is there any legal effect caused by "common-law-like conditions"? In other words, ...
- 195
1
vote
0
answers
85
views
Can funding children's college education be mandated during divorce?
If a married couple are divorcing, can the judge mandate that one of the spouses fund the children's college education (if the details matter, let's say the children are teenagers but not of college ...
- 195
2
votes
1
answer
57
views
How do you prove resident and non resident in litigation [closed]
If you are working in NY and have addresses in both NYC and CT and receiving mails at both addresses. How do you prove you are resident of NY and non resident in CT.
- 33
0
votes
1
answer
105
views
Are there limitations to construction a landlord can do during working hours?
New York State.
If a tenant works from home, are there any limitations on construction being done on the adjacent apartments during working hours which create a very difficult working environment?
- 101
0
votes
1
answer
124
views
Can a person sign a contract committing to never taking an ex-spouse to Family Court?
Can a person sign a contract committing to never taking an ex-spouse to Family Court?
For example, as part of a divorce agreement, my (soon to be) ex-spouse wants me to put money aside in escrow that ...
- 111
1
vote
1
answer
58
views
if employer is willing to settle prior to litigation in federal court
I would like to ask this question related to employer wrongful termination of the employee as a result of retaliation for employee protected activity at work. Would you give up OSHA claims if employer ...
- 33
3
votes
0
answers
69
views
Can I take family leave in NYS if my employment date started after date of birth?
If someone has a baby in January, and starts at a company in February, are they eligible for the state-legislated paid family leave once the required time has accrued, or must they need to have been ...
- 131
6
votes
3
answers
1k
views
Is misrepresentation a tort or a breach?
I am confused by the provisions in tort and contract law for damages in the case of misrepresentation. I am reading specifically in New York law and it seems unambiguous that the only damages allowed ...
- 185
0
votes
1
answer
48
views
Do Will witnesses in NY state require a copy of the Will prior to witnessing/signing?
In New York State in order to be a legally valid Will, the Will must be signed by two (2) Witnesses who are in no way, shape or form beneficiaries of the estate/Will.
Do the Witnesses need to see/read ...
3
votes
2
answers
357
views
Probate vs Non-Probate Assets for Wills
New York State (USA) here. I'm having trouble understanding the difference between Probate and Non-Probate assets, from a Will/Testament standpoint.
I believe non-probate assets are specific gifts you ...
2
votes
2
answers
100
views
Forms for a NYS LLC to elect LLC/non-S Corp taxation
NY state (USA) here. If a 1-man NYS LLC wishes to elect S-corporation taxation status, they must file a Form 2553 with the IRS, and a Form CT-6 with the NYS Department of Taxation and Finance.
At a ...
-1
votes
1
answer
56
views
Signing, witnessing and filing requirements of a Last Will & Testament in NY
In New York state (USA), what are the signing & filing requirements for a Last Will & Testament? Pretend the Will itself (the wording) is valid and enforceably. My understanding is that the ...
1
vote
1
answer
32
views
Understanding which inherited assets are taxed in NY
New York State (USA) here with a Last Will & Testament question.
Are things like life insurance and non-probate gifts taxed? Or do they pass to beneficiaries untaxed?
2
votes
1
answer
85
views
What happens during and after investigations into a false conviction?
I'm interested in the NY(C) jurisdiction.
So, the relevant people are convinced that a person might have been wrongfully convicted. So, an investigation starts, and it proves this. Then, the person is ...
- 990
2
votes
1
answer
120
views
Can a modifiable appendix be a valid and enforceable extension of a Last Will & Testament?
I'm in NY state (US). I am writing a will and am at the article where I name gift designations for specific beneficiaries (son #1 gets my old slippers, son #2 gets my belly button lint, etc.).
This ...
29
votes
3
answers
10k
views
Do these NY old dumb laws actually exist?
I read some articles about old dumb laws in NY that few people know about. Apparently, these are violations that no one would be fined for in practice because they are so archaic that not even law-...
- 409
0
votes
1
answer
88
views
What gives the (New York State) governor the power to make executive orders?
In New york state is there a part of the constitution (New York State Constitution) or a law that expressly guarantees a Governor the right to executive orders?
The only reference I could find to ...
2
votes
0
answers
31
views
Do state laws have an equivalent for disregarded entities similar to the IRS?
The IRS has the concept of a "disregarded entity", meaning a company that is functionally equivalent to its owner. This is often the case when the company has only one member and has no ...
- 6,828
6
votes
2
answers
2k
views
Late responses in lawsuit, how to forestall the court from allowing it
In the jurisdiction of the state of New York, a lawsuit demanding payment for a debt must be responded to within 20 days of the defendant being personally served. I assume this is a statutory limit, ...
- 6,828
2
votes
1
answer
81
views
Are there any First Amendment issues around New York State Senate Bill S117A?
The New York State Senate recently passed Senate Bill S117A, which would obligate museums to display placards for any art that might have been stolen by Nazi Germany indicating that fact.
Since the ...
- 495