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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questions with no upvoted or accepted answers
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What licenses and registrations are required to start a home business repackaging food in NY?
I'd like to start a home business repackaging food in New York State in the US. For example, let's say I'm buying 10kg bags of rice from the supermarket and I want to put them into jars each ...
3
votes
0
answers
70
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 ...
3
votes
0
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57
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Who decides the sale price of jointly owned property?
Two friends decide to purchase a condo 50/50 and become roommates. Foolishly, no agreement between the friends is entered.
Shortly after, roommate A finds a girlfriend. The relationship rapidly ...
3
votes
0
answers
175
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What could I be charged with if I went around uprooting "<X> for public office" signs?
This is not something I'm actually doing or thinking about doing; I'm just curious about this slightly absurd hypothetical scenario.
Suppose that I get really mad at those signs people stick in their ...
3
votes
1
answer
229
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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 ...
2
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0
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71
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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?...
2
votes
0
answers
38
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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,...
2
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0
answers
31
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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 ...
2
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0
answers
122
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How do I apostille an original NYC birth certificate without Letter of Exemplification?
I have an original long form New York City (Manhattan) Birth Certificate issued by NYC Department of Health in 2016 signed by Steven P Schwartz (City Registrar) needing apostille but missing a Letter ...
2
votes
0
answers
73
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How do I demonstrate a legal right or claim to my great-grandfathers death certificate?
Jurisdiction: New York State (Broome County)
I am trying to obtain a copy of my great-grandfather's death certificate (died 1951 in Broome County NY) in support of a dual citizenship application.
...
2
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0
answers
57
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After the New York 2019 Reproductive Health Act, are there ANY penalties to late-term abortion?
The New York 2019 Reproductive Health Act lists conditions under which an abortion may be performed (before 24 weeks, woman’s life or health at risk, fetus not viable). And the Act completely removes ...
2
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0
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154
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How can I legally petition for a home that has been in the family for generations but the deed has another name on it
There is a house in my family that has been lived in for almost 70 years. Originally the family member that purchased the house used a family friend to procure the mortgage (she did not know better as ...
2
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0
answers
137
views
In New York, how long does a 16-year-old have to get new working papers?
Say a worker is approaching his 16th birthday. Is there a grace period to get the required new working papers? If not, is it possible to get the new working papers while the person is still 15? How ...
2
votes
0
answers
682
views
Are galvanized pipes allowed in residential water delivery pipes in NYC?
Some residential properties in New York City still have galvanized pipes for the inlet water line. Since heavy metals from the galvanization can leach into the water, this kind of pipe is no longer ...
2
votes
1
answer
179
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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 ...
1
vote
0
answers
34
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Getting a document notarized in Iceland without visiting embassy
My wife and I have agreed to a divorce. We live in New York State. The document is completed, and ready to be signed. But it must be notarized and my wife is in Iceland.
The normal solution for this ...
1
vote
0
answers
67
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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 ...
1
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0
answers
396
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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 ...
1
vote
0
answers
89
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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 ...
1
vote
0
answers
130
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
1
vote
0
answers
46
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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 ...
1
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0
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148
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When would an area variance not be for a self-created difficulty?
When pursuing an area variance in New York State, the local Zoning Board of Appeals applies a five-factor balancing test to determine if they should grant the variance. One of these factors is if the &...
1
vote
0
answers
53
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What are the rules and laws for guards and loss prevention in NYC during Covid-19 in NYC?
What are the rules and laws for guards and loss prevention in NYC during Covid-19 in NYC?
I've read that security guards and loss prevention are not allowed to detain people, essentially false ...
1
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0
answers
2k
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Is it legal to have a two driver’s licenses if one is from another country?
In the USA, in almost every case, possessing two driver’s licenses from different states (e.g., California and Georgia) is illegal.
I’m wondering about a related situation - is it legal to have two ...
1
vote
0
answers
67
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Evicting My Domestic Partner from an Illegal Basement Apartment
I own a single family house in Queens, NY. I have an illegal basement apartment where my ex (legal domestic partner) has lived for 3 years to share care of our dogs. One of the dogs recently died and ...
1
vote
0
answers
71
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Am I required to work if I am not being paid in New York?
My pay period will start on August 22nd, however my employer wants me to come in on August 19th. Since this is outside the pay period am I required to work?
1
vote
0
answers
49
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In NYS, can a medical marijuana patient be fired or denied a job for a positive drug test result for THC?
In New York State, do medical marijuana patients have legal protections when it come to THC showing up in a drug test? Assuming they are both living and working within the state.
Additionally, do ...
1
vote
0
answers
72
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Where would I report a case of international financial fraud?
If I were confronted with a case of financial fraud in the United States, I would report it to a U.S. law enforcement agency, probably the FBI, or maybe the SEC.
But to whom would I report an ...
1
vote
0
answers
29
views
What rights does a lender/loan purchaser lose by being negligent?
A lender wrote a mortgage on a house that was defaulted. The lender waited for several years before foreclosing, instead of acting, say, after 90 days. Shortly thereafter, the borrower declared ...
1
vote
0
answers
41
views
Do you have to list ingredients in a food takeout business in New York State?
My wife just opened a food takeout business in New York State.
She sells coffee, sandwiches, salads, pastas, danishes, and the like.
Some of the products, for example some salads, pastas, sandwiches ...
1
vote
0
answers
54
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Question about NYPD regulations
I have heard this from 3 people now and I am trying to find the law being used.
In the NYC Transit system, if a party is even questioned by NYPD (something happens where they call in your drivers ...
1
vote
1
answer
170
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Can you take unpaid FMLA leave after already taking a paid leave?
New York State (upstate, if it makes a difference) here. My son was born this past March (2015) and I took a paid two-week leave of absence.
I work long hours and over the past 8 months I haven't had ...
0
votes
0
answers
36
views
Criminal procedure
When one has been summoned to a pre-trial conference in a municipal court over a minor traffic offense, if one wants to request, pro se, from the judge a dismissal of the case, it would seem to be ...
0
votes
1
answer
52
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Do remote employees count for purposes of WARN Act in NY State?
I'm trying to figure out if I am covered under NY law for purposes of triggering the WARN Act (and potentially seeking damages with a class action). I was recently laid off, along with 50+ employees, ...
0
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1
answer
153
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Does employment change during divorce proceedings affect spousal support/asset division?
Spouses A and B are divorcing. Divorce started in December 2023. It's a contested divorce, with no settlement, so goes to the judge. There are no dependents to complicate the picture.
In the middle of ...
0
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0
answers
71
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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 ...
0
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0
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46
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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 ...
0
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0
answers
27
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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?
0
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0
answers
113
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 ...
0
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0
answers
15
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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 ...
0
votes
0
answers
39
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Can a person or business be charged for shipping something that is prohibited in one state but is federally legal?
New York state is banning all flavored nicotine products and nicotine base for making e-juice tomorrow. What would happen of somebody in say, California shipped one of these banned products to New ...
0
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0
answers
83
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Supplemental Spousal Liability NY
I was always under the impression that Bodily Injury Liability pays out to to other driver, other driver's passengers, and your own passengers.
After reading the below, "your own passengers" ...
0
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0
answers
86
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What will I be charged with in Manhattan, New York?
I conspired with Daisy to steal a NYSE work badge/access card from Sanjay and Daisy replaces his badge with a fake one. I impersonate Sanjay (make my appearance like his) and sneak into the NYSE with ...
0
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0
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132
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Are business owners liable for harm inflicted by homeless spikes?
Businesses in cities install hazards, hard spikes or sharp bench dividers, to ward homeless from using flat surfaces near the business as a dry place to sleep. If a homeless person were to use this ...
0
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0
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93
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Dissolve a corporation as a minor stakeholder in New York
I am a minor shareholder (control less than 20% of the shares) at a startup that never did any business. It is a C-Corp incorporated in New York under my name. Right now I want to dissolve the ...
0
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1
answer
199
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Does filing a complaint with the NY Board of Regents do any good?
Recently, the student government of Rensselaer Polytechnic Institute decided to file a complaint with the New York Board of Regents over the behavior of its administration. In an editorial in the ...
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1
answer
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Where Can I Find Weapon Definitions as Refereed To In NY Penal Code?
In NY penal code section 265.01 it states:
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He or she possesses any firearm, electronic dart gun, ...