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1 Answer | Asked in Criminal Law, Civil Litigation, Personal Injury and Workers' Compensation for New York on
Q: How can I pursue legal action for stalking and harassment in NY?

I want to press full charges against Jackie Lynn Jenkins and her husband Joseph for stalking me since 2014. Currently, they reside next to my home in Jamaica, Queens, NY. I have a video that shows Jackie closing a car door on my back and right leg, which worsened my injuries from a prior worker... View More

Stephen Bilkis
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answered on May 21, 2025

I am sorry to hear about what you have been going through. Stalking and harassment can have a serious impact on your daily life and overall well-being, especially when you are also managing a disability. New York law provides both criminal and civil avenues for individuals who are being harassed or... View More

1 Answer | Asked in Gov & Administrative Law and Employment Law for New York on
Q: Is a No Contact Order with students enforceable after age 18 in New York?

I had an old teacher who was made to sign a No Contact Order by our school between him and his students before he resigned, as the school planned to fire him. He was told he wasn't allowed to contact students even after they turn 18, and if any students contacted him, he couldn't respond.... View More

Stephen Bilkis
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answered on May 20, 2025

This is an important and sensitive question. Understanding whether a no contact order issued by a school remains enforceable after a student turns 18 requires distinguishing between a school policy and a court-issued order.

In New York, a "no contact order" issued by a school is...
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1 Answer | Asked in Traffic Tickets for New York on
Q: Open container ticket in NYC, not in possession

I received a ticket for an open container in New York City while I was standing on the street. The container was about 3 feet away from me, but I was not in possession of it. The officer believed it was mine. There may have been witnesses nearby. How should I handle this situation?

Stephen Bilkis
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answered on May 20, 2025

It is understandable to be upset about receiving a ticket for an open container when you did not have possession of it. In New York City, the law prohibits the possession of open containers of alcohol in public spaces under Administrative Code § 10-125. To issue a valid ticket, the officer must be... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for New York on
Q: Is tenant responsible for full month's rent if moving out after notice?

My tenant and I verbally agreed to extend a one-year lease without signing a new written agreement. They've been paying rent via direct deposit monthly, from the 1st to the last day of the month. The tenant sent a 30-day notice on May 4th, stating they intend to vacate by June 3rd, citing New... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 20, 2025

Dear Manhattan Landlord

New York State Real Property Law Section 232-b is not a statute that relates to tenancies in New York City.

A NYC tenant is not required to provide advance written notification to end the month to month tenancy. In order to avoid owing the entire rent due...
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2 Answers | Asked in Child Custody, Civil Litigation and Family Law for New York on
Q: Notify father for child's name change with full custody?

I have full legal custody of my daughter, and although her father pays child support, there isn't any agreement on parental responsibilities. We haven't had any prior court orders regarding a name change. I want to change my daughter's last name officially to my married name. Given... View More

Stephen Bilkis
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answered on May 20, 2025

It is understandable that you want your daughter's name to reflect your family unit, especially when you have full legal custody and the father has had little involvement in her life. Navigating the legal process for a name change in New York can be frustrating, particularly when dealing with... View More

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1 Answer | Asked in Family Law and Gov & Administrative Law for New York on
Q: Can I have two marriage certificates for name hyphenation in New York?

I got married in October, and initially, my last name wasn't hyphenated on the marriage certificate. Now, I need to know if it's possible to have two marriage certificates: one showing the original marriage date and another after performing a second ceremony to include the hyphenated last... View More

Stephen Bilkis
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answered on May 19, 2025

In New York, you cannot obtain two separate marriage certificates for the same marriage event. However, if you wish to update your surname to a hyphenated version after your marriage certificate has been issued, you can request an amendment to the existing certificate. This process does not require... View More

4 Answers | Asked in Criminal Law for New York on
Q: How to find my court date for a criminal case in Queens?

I have a criminal case but haven't received any documents regarding a court date. I have had no contact with any legal representatives, and the case is supposed to be held in Queens. What steps should I take to find out my court date?

Stephen Bilkis
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answered on May 19, 2025

If you have a pending criminal case in Queens, New York, and you have not received any documents with your court date, there are several steps you can take to find out when and where your case is scheduled. It is important to take immediate action to avoid missing a court date, which could result... View More

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1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for New York on
Q: Is notarized guardianship with incorrect address legal?

I had temporary guardianship of my grandson and his half-sister a couple of years ago. Child Protective Services (CPS) placed them back with my daughter and her boyfriend. In March, I was granted temporary guardianship of my grandson, which was supposed to last until August 30th of this year.... View More

Stephen Bilkis
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answered on May 18, 2025

I understand your concern about your grandson's safety and the confusion surrounding the guardianship paperwork. In New York, the legality of a notarized guardianship document generally depends on whether it was properly executed, which includes being signed by the parties involved and... View More

1 Answer | Asked in Criminal Law, Civil Rights and Personal Injury for New York on
Q: Banned and arrested at Walmart, facing court despite recent surgery. How to proceed?

I was shopping at Walmart using self-checkout where an employee assisted me, and my cousin was bagging the groceries. As we were leaving, store staff accused me of not paying for my items, verbally banned me, and called the police. I was taken to jail, had to post bond, and now have a court date.... View More

Stephen Bilkis
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answered on May 18, 2025

I am sorry to hear about what you have experienced. Being accused of theft, arrested, and dealing with the stress of criminal charges while recovering from surgery can be overwhelming. In New York, it is important to understand both your legal rights and the best way to address the accusations you... View More

2 Answers | Asked in Divorce and Family Law for New York on
Q: How to obtain divorce documentation from Kings County, NYC to prove a condition?

I'm trying to prove that as part of my parents' divorce conditions, which likely took place around 2023-2024 in Kings County, NYC (Brooklyn), my mother was supposed to remain in New York State with my siblings and me. I don't have any divorce documents and haven't contacted any... View More

Stephen Bilkis
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answered on May 18, 2025

To obtain divorce documentation from Kings County, New York City (Brooklyn), you will need to follow a few specific steps. Divorce records in New York are generally considered confidential, and access is limited to the parties involved in the case, their attorneys, and individuals who have a court... View More

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3 Answers | Asked in Child Custody, Child Support and Family Law for New York on
Q: Seeking advice on obtaining full custody due to father's non-involvement and financial neglect.

Both my baby and I live separately from her father, who resides at his mother's house. Our verbal agreement was that he would pay the bills while I take care of our child full-time. However, he has been late on all bill payments for the past nine months, causing my credit score to drop from... View More

Stephen Bilkis
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answered on May 18, 2025

I understand your concerns about your child's well-being and your frustration with the lack of support and involvement from her father. In New York, if you are seeking full custody of your child, you can take several steps to protect your rights and ensure that your child is cared for in a... View More

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2 Answers | Asked in Animal / Dog Law, Civil Litigation, Contracts and Personal Injury for New York on
Q: Can I sue a dog sitter for trip costs and emotional distress after losing my dog in NY?

I hired a dog sitter through Rover, which considers sitters as independent contractors. Unfortunately, she lost my dog, and I had to return early from a trip I had planned for 5 months. I incurred over $2,000 in trip costs, spent $400 on a drone expert, and hired a professional dog trapper to... View More

Stephen Bilkis
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answered on May 18, 2025

I am sorry to hear about the distressing situation with your dog. In New York, you may have grounds to sue the dog sitter for your financial losses and potentially for emotional distress, but the success of your claim will depend on several factors.

First, you can pursue a claim for the...
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3 Answers | Asked in Landlord - Tenant and Real Estate Law for New York on
Q: Facing lease termination for non-payment of rent in NY, seeking legal options.

I'm facing a notice of termination for my apartment lease due to material non-compliance, specifically non-payment of rent for April and May and repeated late payments. The lease is scheduled to end on 5/31/25. I haven't been offered any options to address the owed rent or negotiate terms... View More

Steven Warren Smollens
Steven Warren Smollens
answered on May 16, 2025

You reside in a city where the New York State Good Cause Eviction Law impacts certain tenancies and restrains the landlord's authority to terminate tenancies and refuse to renew leases. It is impossible to determine from the statement you provided if the landlord served the proper written... View More

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3 Answers | Asked in Immigration Law and Health Care Law for New York on
Q: Seeking advice on transitioning from H1B to F-2 and filing I-485 in NY.

I'm urgently seeking advice regarding my immigration status as my H1B visa expires in early August 2025 (renewal is unlikely). I was selected for the DV Lottery FY2025 and may become current by September, so I'm planning to file my I-485 immediately. My spouse is on an F-1 visa, and I am... View More

Remzi Guvenc Kulen
Remzi Guvenc Kulen
answered on May 18, 2025

This is a very interesting situation. The main issues are; 1- maintaining legal status, 2- not missing the DV lottery deadline of September 30, and 3- keeping your health insurance.

1- Maintaining your status: You should file an F2 change of status immediately as this would ensure your...
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5 Answers | Asked in Personal Injury, Libel & Slander, Civil Litigation and Legal Malpractice for New York on
Q: Struggling with personal injury case due to false documentation and defamation; need steps to move forward.

I have a complex personal injury case involving false documentation and defamation. I was severely injured, declared medically disabled after being hit from behind by a vehicle. I'm struggling to progress the case as a brain and neurological injury patient due to false police reports and... View More

Tim Akpinar
Tim Akpinar
answered on May 18, 2025

I'm sorry for your injuries and ensuing ordeal. You've probably already looked into rescheduling the deposition and medical exam. The medical exam is unfortunately more unforgiving, depending on the policies of the carrier or its IME contractor. There are a considerable number of elements... View More

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5 Answers | Asked in Personal Injury, Libel & Slander, Civil Litigation and Legal Malpractice for New York on
Q: Struggling with personal injury case due to false documentation and defamation; need steps to move forward.

I have a complex personal injury case involving false documentation and defamation. I was severely injured, declared medically disabled after being hit from behind by a vehicle. I'm struggling to progress the case as a brain and neurological injury patient due to false police reports and... View More

Stephen Bilkis
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answered on May 18, 2025

I am sorry to hear about the difficulties you are facing with your personal injury case. Managing a complex legal case while dealing with severe injuries can be overwhelming, especially when false documentation and miscommunications have affected your case. In New York, there are several steps you... View More

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2 Answers | Asked in Estate Planning and Probate for New York on
Q: Is an unwitnessed will valid in New York if dictated and signed by the testator?

In 2013, I drafted a handwritten will for my mother based on what she dictated, and she signed it without any witnesses. She was of sound mind when she signed it. However, it is not truly a holographic will since I wrote it, not her. My mother passed away in September of 2014. Under New York law,... View More

Stephen Bilkis
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answered on May 18, 2025

Under New York law, an unwitnessed will, such as the one you described, is generally not considered valid. New York requires that most wills be executed in a specific manner to be legally recognized. According to New York Estates, Powers, and Trusts Law (EPTL) § 3-2.1, a valid will must be:... View More

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3 Answers | Asked in Employment Law and Sexual Harassment for New York on
Q: Legal ground for sexual harassment claim after jokes with coworker lead to HR report and leave.

I have been exchanging jokes of a sexual nature with a coworker for about three years. I'm gay and she's straight, and we've always had a mutual understanding without any prior complaints to HR. Recently, a new coworker overheard a comment I made and reported it to HR as sexual... View More

Stephen Bilkis
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answered on May 18, 2025

I understand how stressful this situation can be. Workplace misunderstandings and complaints, especially those involving allegations of sexual harassment, can have serious consequences. In New York, sexual harassment is defined as unwelcome conduct of a sexual nature that creates a hostile or... View More

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5 Answers | Asked in Sexual Harassment and Employment Law for New York on
Q: Reported for sexual harassment after joking with coworker for years, legal grounds?

I have been joking with a coworker in a sexual nature for about 3 years. I'm gay and she's straight. Recently, a new coworker reported a comment I made to HR as sexual harassment, even though my longtime coworker and I have had similar exchanges without issue. There was a previous minor... View More

Carmen "Jack" Giordano
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answered on May 16, 2025

It would be wise to refrain from such further banter. Once your employer is on notice of what might be considered a "hostile environment" or unwanted discussion or behavior of a sexual nature, even if intended in the most innocent manner and not unwelcome by other colleagues, the employer... View More

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5 Answers | Asked in Sexual Harassment and Employment Law for New York on
Q: Reported for sexual harassment after joking with coworker for years, legal grounds?

I have been joking with a coworker in a sexual nature for about 3 years. I'm gay and she's straight. Recently, a new coworker reported a comment I made to HR as sexual harassment, even though my longtime coworker and I have had similar exchanges without issue. There was a previous minor... View More

Jonas  Urba
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answered on May 16, 2025

Mr. Giordano is right. None of us knows what others find offensive. That co-worker may have reported offensiveness based on several grounds not excluding religion. You say a "new co-worker" which might help you. Petty slights or stray remarks are not actionable but New York State's... View More

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