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.

Filter by
Sorted by
Tagged with
12 votes
2 answers
3k views

What exactly are an officer's requirements in order to demand ID in the US (New York)?

I watched a YouTube video recently which depicted the following situation, and I'd like to learn more about what peoples' rights are and what an officer's obligations are in a situation like this: A ...
J.Todd's user avatar
  • 1,416
19 votes
3 answers
75k views

If an adult is raped by a minor, is it statutory rape?

Say an adult is raped by a minor, and does not give legally applicable consent regardless of knowledge of age of the minor. Do statutory rape charges against the adult still apply?
TheEnvironmentalist's user avatar
6 votes
2 answers
776 views

Is it likely to win back child support from biological father of a child whose conception was result of extramarital affair?

Situation: A wife of a married couple had extramarital affair As a result, she conceived a child by the male she had affair with The fact that the biological father isn't the husband isn't known to ...
user5007's user avatar
4 votes
2 answers
12k views

Is it assault to squirt someone with a spray bottle?

Is it considered assault to squirt someone with water from a spray bottle in New York? Can it depend on the outcome?
Manny Rodriguez's user avatar
7 votes
1 answer
727 views

What is the legality of an individual of dismantling very clearly abandoned bikes locked to fixtures and fences in a public area?

I live in New York City. Brooklyn to be exact. And while this city is far from bike friendly, there are still a lot of bikes here. Including many bikes that are clearly abandoned and utter garbage in ...
Giacomo1968's user avatar
2 votes
1 answer
865 views

The "self defense" defense but for pets

If you were to be walking with your family down the street, and a kerfuffle with a stranger were to break out, risking the safety of yourself or your family, in both federal and state courts for just ...
TheEnvironmentalist's user avatar
36 votes
2 answers
7k 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 ...
Trish's user avatar
  • 39.4k
35 votes
5 answers
13k views

Do Legal Documents Require Signing In Standard Pen Colors?

I have a question as to whether or not legal documents signed in non standard pen colors (Anything other than blue or black) are valid. I carry a purple pen around that use for everyday writing tasks,...
Sarah Szabo's user avatar
30 votes
2 answers
14k 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 ...
Peter - Reinstate Monica's user avatar
17 votes
3 answers
5k views

Theft on golf course

Let's say hypothetically two men are playing golf on a public golf course.. One man loses his ball in a stream (which is on the golf course's property)... The man goes to collect his ball from the ...
user55665484375's user avatar
15 votes
3 answers
3k views

Does the New York State Governor have the authority to impose fines?

The New York State Governor has allegedly declared a "fine for violations of the state's social distancing protocol from $500 to $1,000...." The government website claiming that declaration ...
feetwet's user avatar
  • 21.8k
12 votes
2 answers
5k views

Does the adultery law in New York affect the person being used to cheat with?

I found a public website regarding this law (New York Penal Law Sec. 255.17 Adultery), this one: https://newyork.public.law/laws/n.y._penal_law_section_255.17 Let's say someone's wife cheats on her ...
darkhorse's user avatar
  • 223
8 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?
Paul Johnson's user avatar
  • 13.5k
5 votes
1 answer
811 views

Getting New York based company to delete my personal information

I registered with Topresume.com and uploaded a copy of my resume. I found their service to be poor and according to the Privacy Policy they may sell information to third parties. Is there any laws in ...
whitepaper111's user avatar
5 votes
1 answer
537 views

What does "severability" mean in the following context?

Parties A and B signed a contract governed by New York law. There were three "conditions precedent" for the contract to take place.None of these conditions precedent had been fulfilled on ...
Libra's user avatar
  • 6,458
4 votes
1 answer
304 views

Does HIPAA require a secondary physician to share results with your primary?

NY state here. If I go to get a second opinion from a physician other than my primary, are there any regulations (HIPAA or otherwise) that require that 2nd physician to share consultation notes/lab ...
smeeb's user avatar
  • 377
4 votes
4 answers
4k views

Are traffic signs on private property legally enforceable in Upstate NY?

Upstate NY here. You see them everywhere: private property parking lots (mall parking lots, Lowes/Target/Walmart parking lots, etc.) that have stop signs, handicap parking spaces, double yellow lines.....
smeeb's user avatar
  • 377
4 votes
2 answers
178 views

How is an area deemed unsafe and needing to be cordoned off?

How is an area deemed unsafe and needing to be cordoned off? Would it be the person at the top of the law enforcement agency (police chief or sheriff) who would make the decision that a particular ...
aparente001's user avatar
4 votes
2 answers
2k views

How does the statute of limitations on defamation work?

My understanding is that defamation has a very short window for a lawsuit, like one year. So suppose a libelous statement was published in a widely circulated journal, call it the New York Times, and ...
Libra's user avatar
  • 6,458
3 votes
1 answer
166 views

What is the liability of an escrow agent who failed to do his job?

This question is a followup to this question regarding a failed. building purchase. The seller's attorney had agreed to be the escrow agent for the transaction. That is, he was supposed to receive the ...
Libra's user avatar
  • 6,458
3 votes
2 answers
419 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 ...
hotmeatballsoup's user avatar
2 votes
1 answer
158 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 ...
hotmeatballsoup's user avatar
2 votes
1 answer
393 views

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 ...
explore99's user avatar
2 votes
1 answer
47 views

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 ...
explore99's user avatar
2 votes
1 answer
116 views

Removal of made public personal information. Privacy laws

There are many websites today which scrape and aggregate data. Are these laws protecting US citizens and/or New York state residents which ensure that, upon request, the information must be removed? ...
The Dude man's user avatar
1 vote
1 answer
300 views

How do I reinstate a "lost" birth certificate?

I am attempting to prove my lineage, and need my grandfather's birth certificate. He was born in Bronx, NY, in 1914. My parents did a search for this document in 1997, and got a response that the ...
Brian Colavito's user avatar
1 vote
1 answer
297 views

In a Title IX investigation, does the Coordinator have an obligation to email me questions regarding the investigation?

I have hired a lawyer because my exboyfriend said I'm stalking him after I filed a sexual assault case against him. My sexual assault case was closed, but the Title IX coordinator is asking me about ...
user8358234's user avatar
1 vote
0 answers
46 views

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 ...
uhoh's user avatar
  • 766
0 votes
1 answer
46 views

How do lawyers determine when the preconditions for a contract have been met?

There is a contract with four preconditions, of which the failure of any ONE is sufficient to void the contract. Clearing the four preconditions requires the execution of ten documents, involving the ...
Libra's user avatar
  • 6,458