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.
306
questions
2
votes
0
answers
19
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 ...
3
votes
2
answers
99
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 ...
- 139
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 ...
- 1,500
3
votes
1
answer
144
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
99
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
78
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 &...
- 4,396
2
votes
1
answer
87
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, ...
- 173
1
vote
0
answers
79
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 ...
- 173
2
votes
1
answer
56
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
83
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
-1
votes
1
answer
118
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 ...
- 109
1
vote
1
answer
57
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
66
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
5
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 ...
- 175
0
votes
1
answer
28
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 ...
4
votes
2
answers
330
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
94
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
26
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
26
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
82
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 ...
- 656
2
votes
1
answer
64
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 ...
28
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-...
- 399
0
votes
1
answer
63
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
27
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 ...
- 6,580
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, ...
- 6,580
2
votes
1
answer
71
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 ...
- 503
23
votes
4
answers
4k
views
Is a sign that only says "POSTED", nothing else, sufficient to be understood as "No Trespassing"?
In 2014 I hiked in the Adirondack Mountains, New York, United States of America. The trail passed a sign that had a single word on it: "POSTED". There was no other text on the sign either ...
- 1,327
3
votes
1
answer
181
views
What does it mean that I must "immediately reimburse Owner for the cost of any insurance policy Owner obtains for the Apartment"?
On the lease I am considering signing, it says in section 32 D:
Tenant shall immediately reimburse Owner for the cost of any insurance
policy Owner obtains for the Apartment, including but not ...
- 131
2
votes
1
answer
213
views
Can you be denied a concealed weapons permit in NY if you don't have social media or give references?
Since the Bruen decision, NY has changed the requirements to get a concealed weapons permit. They have since required applicants to demonstrate “good moral character” and (1) attending an in-person ...
- 5,065
-3
votes
1
answer
80
views
Breach of contract implies bad faith in New York?
Apparently in New York, breach of contract implies bad faith in New York, so there is no necessity in making a separate complaint of bad faith when filing for breach of contract.
However, this seems ...
- 6,580
0
votes
0
answers
40
views
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 ...
3
votes
1
answer
133
views
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 ...
2
votes
1
answer
173
views
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 "...
0
votes
1
answer
192
views
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 ...
- 1
0
votes
1
answer
47
views
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 ...
- 3
1
vote
2
answers
223
views
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 ...
- 23.9k
2
votes
1
answer
28
views
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 ...
- 369
0
votes
0
answers
39
views
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 ...
- 101
0
votes
0
answers
31
views
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 ...
- 55
0
votes
0
answers
26
views
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?
- 55
1
vote
1
answer
50
views
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 ...
35
votes
4
answers
13k
views
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 ...
- 487
0
votes
1
answer
57
views
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 ...
1
vote
1
answer
65
views
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 ...
- 846
1
vote
0
answers
48
views
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
- 55
2
votes
1
answer
238
views
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 ...
1
vote
2
answers
45
views
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 ...
- 111
2
votes
2
answers
119
views
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 ...
- 55
0
votes
0
answers
87
views
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 ...
- 1,128