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 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 ...
2 votes
1 answer
112 views

New employer asking permission to run a background check

I received a job offer (for a software engineer position at a small, remotely distributed company), verbally agreed to it on the phone, signed the offer, and then received a copy with the manager's ...
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2 votes
1 answer
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Does city municipal code apply to the towns that are part of it in New York?

I was reading the Towing Municipal Code for the City of Rochester (New York, USA) and was curious if the municipal code applied to my jurisdiction. Specifically I reside in the Town of Henrietta and I'...
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2 votes
1 answer
818 views

Can 501(c)(3) nonprofits sell goods and services like a for-profit?

United States/NY state here. I would like to form a business entity whose primary purpose will be helping the public at large with a very specific charitable cause. This will be a 501(c)(3) charitable ...
0 votes
1 answer
62 views

Changing NYS LLC mailing address

United State, NY state here. I'd like to change my 1-man LLC's official mailing address with the state. To my surprise, it looks like when I filed the original Articles of Organization over a year ...
1 vote
1 answer
38 views

Are all nonprofits tax exempt or can there be charitable + tax-paying nonprofits?

United States/NY state here, if it makes a difference. My understanding is that there is a difference between a nonprofit corporation and its tax status. As I understand it, I can form a charitable ...
5 votes
1 answer
241 views

Can the officers of a 501(c)(7) take salaries?

According to CharityWatch the Boys and Girls Club of America is a 501(c)(3) nonprofit organization, whose CEO is salaried at over $800,000.00. So clearly, it is legal for the CEOs/officers of a 501(c)(...
12 votes
1 answer
7k views

Is a US (New York) police officer allowed to take your keys at a traffic stop?

So I was browsing Reddit earlier and came across this video of someone on a motorcycle lane splitting in New York (which is illegal there), when a police officer swerved into the path of the rider to ...
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6 votes
1 answer
558 views

Stealing a wealthy man's sperm to collect child support

Mary works as a maid for billionaire investor Maxwell Baron III. They live in New York. Mary always dreamed of marrying rich. However, perhaps because of her modest family background, no millionaire ...
2 votes
1 answer
55 views

Does a minor own the proceeds of a tax forclosure auction if they own the property being auctioned?

In the state of New York a minor is the legal owner of a building (don't worry about how they came to own a building, but just assume they do). At some point the property taxes on the building become ...
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2 votes
0 answers
103 views

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 ...
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1 answer
53 views

Can a "legal" type DNA test be conducted in the state of Ney York without a court order?

Suppose two people who are over 18 wish to do a "legal" type DNA test to prove they are related, and one of them resides in New York, and the other one resides somewhere else in the United ...
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7 votes
1 answer
1k views

Can gold/silver bullion be used to buy/sell market goods?

U.S. here, specifically NY state. Suppose I have an authentic gold coin ("bullion"). Vendor X is selling a product that she is willing to sell me for the general value (I say general here ...
5 votes
1 answer
519 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 ...
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-1 votes
2 answers
128 views

The trouble of White Oaks in the neighbor's yard

Charles inherited and owns an estate of land in upstate New York, Westchester County, Eastchester township. It's not incorporated in either Bronxville or Tuckahoe. On the west side of his land, he has ...
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2 votes
2 answers
414 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 ...
-3 votes
2 answers
498 views

Student wearing political shirts in school?

Let's say a student wore a shirt in a New York school that said "I✡️JQ", and the school principal ordered him to stop wearing it because it was offensive and he complied. But later came back ...
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2 votes
2 answers
423 views

Can a company be held to an agreement it signed before it was incorporated?

Company X, Inc. or an entity purporting to be Company X, Inc. signed an agreement, A, with Company Y on the tenth of the month. On the fifteenth of the month, Company X filed for, and received ...
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1 vote
1 answer
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What is a "family group" as it pertains to quarantine orders?

New York currently has travel restrictions in place, which require individuals coming in from specific states to quarantine for 2 weeks. They use the definition of "quarantine" as defined by ...
1 vote
1 answer
86 views

Tenant refused to move out even I told him no more renewal lease. New York, Queens [closed]

I've rented out my apartment in Queens, New York to a family since 08/01/2019. My early intention was to allow them to continue the rental but something comes up - my inlaw was diagnosed as a cancer ...
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0 votes
2 answers
51 views

How to search for court records regarding medical malpractice for a particular physician?

New York state (US) here. I would like to know what tools/sites/etc. I can use for searching any pertinent court records/documents regarding medical malpractice suits against a particular physician. ...
2 votes
0 answers
60 views

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. ...
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0 votes
0 answers
38 views

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 ...
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-1 votes
1 answer
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How would one go about getting an exemption from the gathering limit of the PAUSE Executive Order?

Say a person wants to get Married in Upstate New York within the most recent revision of the PAUSE act. Right now, gatherings are restricted to 10 people. This would cause the wedding to be slimmed ...
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2 votes
2 answers
141 views

Is it legal to instruct an employee not to put contract concerns in writing?

TL;DR My COO sent me a contract that would amend an existing employment term (salary). I raised concerns regarding the terms of the contact. COO explicitly told me you don't need to put it in writing....
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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 ...
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1 vote
0 answers
645 views

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 ...
3 votes
0 answers
55 views

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
1 answer
898 views

Did Avi Yemini illegally record "Jim Jefferies" by using a hidden mobile phone?

Activist and YouTuber Avi Yemeni recorded the conversation he had with "comedian" and show host Geoff Nugent A.K.A "Jim Jefferies". The conversation seemed to have taken place on a professional ...
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2 votes
1 answer
71 views

Paid Family Leave in New York State

If I take FMLA and use sick time and vacation time during my leave, would I still be able to receive any monies from NYS thru its Paid Family Leave? Or since I am being paid, I would not be eligible ...
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2 votes
1 answer
191 views

Tolling the Statute of Limitations New York

I'm new and am wondering where I could find the statutes that detail the possible ways to toll the statute of limitations in New York. Also, might some of these possibilities not be in statutes but in ...
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2 votes
1 answer
150 views

Could U.S. states test a wealth tax?

There has been some debate in the Democratic Party on the subject of a federal wealth tax. I know that there is some debate about the constitutionality of a wealth tax, but for the purpose of this ...
2 votes
0 answers
57 views

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 ...
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1 vote
4 answers
265 views

Perjury on Petition grounds for dismissal?

In a family court matter, a petitioner for more support funds completed a form, signed it (perjury?) certifying he was a resident in a county he does not live in. Is the readily provable false ...
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31 votes
1 answer
2k views

Can a website incur liability for linking to a funding campaign for a lawsuit against it?

A large website that hosts user-created content has recently announced that it is redacting links to a fundraising campaign for a lawsuit against it "under direction from [its] legal team." Is there a ...
3 votes
2 answers
194 views

Volunteer Labor Union in New York State

In the state of New York, is it legal for a group of volunteers to form a labor union? If not clearly legal, is there anything that prohibits a labor union of volunteers? Clarifing edit I am ...
0 votes
1 answer
35 views

Cobra medical benefits life event

My employer has several health ins plans. My employer is required to provide Cobra coverage as it has several dozen employees. If I were to choose one during open-enrollment, then get laid-off, the ...
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2 votes
1 answer
289 views

Start a business out of my house selling coffee

I want to start a business where I charge people to use my living room, wifi. They can leave a tip for any of my coffee that they drink. Is there a legality issue with this?
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0 votes
1 answer
98 views

Does CPLR 3119 allow for pro se litigants from a foreign state to take a deposition in NY?

Unlike Vermont which has recently amended their own version of the UIDDA statute which now explicitly states that the statute also applies to pro se litigants, the New York version of the UIDDA (CPLR ...
1 vote
0 answers
67 views

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 ...
2 votes
1 answer
218 views

Does the iconic WWII-end "Kiss" photo depict sexual assault?

One of the most famous images from the end of World War II was of a sailor kissing someone who looked like a nurse in Times Square, celebrating the victory. As described in a featured article in ...
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3 votes
1 answer
47 views

If the principal of a power-of-attorney agreement is the agent in another POA, does the first agent have agency towards the last party?

Asking about New York state specifically, but curious about an answer towards any state. In one durable General Power of Attorney agreement: Party A has agency over Party B (A is the agent, B is ...
1 vote
1 answer
451 views

If a landlord approvs a tenant but refuses to allow them to move in, can the tenant recover fees associated with temporary housing?

Venue is NYC/New York State/US. The Situation: Landlord's real estate agent shows an apartment to Bob. Bob likes the apartment, puts down a deposit, submits an application. Application is approved,...
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1 vote
0 answers
71 views

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?
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2 votes
2 answers
1k views

Is dumping a bucket of water on a police officer assault?

In NYC, headlines include locals dumping buckets of water on the police officers. https://www.washingtonpost.com/nation/2019/07/23/new-york-cops-throwing-water-de-blasio-unions/
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46 votes
4 answers
24k views

Is it legal for a supermarket to refuse to sell an adult beer if an adult with them doesn’t have their ID?

Today I went with my dad grocery shopping at a supermarket in New York (ShopRite) and he put a six-pack of beer in the cart. They then wouldn’t let him buy the beer because they couldn’t ID me (21, ...
7 votes
2 answers
24k views

What is the legal status of intimate photos sent to your (now) ex-partner after a break-up?

When I met my now ex-boyfriend, we were both already over 18. I took digital nude pictures of myself and transferred them electronically to him, i. e. I was sexting him. He didn't specifically ask for ...
8 votes
1 answer
353 views

Would working for a marijuana distributor remotely from outside of a legal state be open me to criminal charges?

I saw a job opening for a software developer position working in the marijuana industry. This is a job where I would not be directly handling or distributing marijuana. The company would be based in a ...
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1 vote
0 answers
49 views

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 ...
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2 votes
2 answers
492 views

Want to sue my former employer for wage theft; or settle

I have not been paid wages for April 2019 and was abruptly laid off on May 8. I want to sue the company. They are moving money out of the U.S., telling employees we'll be paid soon, and seemingly ...

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