Claimed Lawyer ProfileQ&A
- Criminal Law
- Real Estate Law
- DUI & DWI
- Estate Planning
Additional Practice Area
- General Civil
- Free Consultation
- Rates, Retainers and Additional Information
Fixed fees on certain matters.
Jurisdictions Admitted to Practice
- New York
- Aymara: Written
- Quechua: Spoken, Written
- Spanish: Spoken, Written
- Syracuse University College
- J.D (2004) | Law
- Cornell University
- M.A | Anthropology/Archaeology/Linguistics
- Honors: B.A. summa cum laude University of New Mexico 1989
- University of New Mexico
- B.A | Anthropology/Linguistics
- Honors: summa cum laude with distinction
- Empire State Counsel
- New York State Bar Association
- New York State Bar # 4292470
- - Current
Websites & Blogs
19 Questions Answered
- Q. Using eTrack to check status of uncontested divorce the case detail shows NOI filed w/o date. What does this mean?
- A: It should have been dated by the clerk upon reception. Do you have a time-stamped copy? If not, why not? Contact the county clerk's office and ask for clarification.
- Q. What will consequence if lease don't renewal?
- A: It depends. Does your old lease have a termination clause? Does it state the your tenancy reverts to a periodic term, such as month to month? If your landlord continues to accept rent from you, the general rule is that it is considered a month-to month, but your do lose the protection that a lease provides, meaning that you can be evicted with proper notice and procedure. If you do not pay rent you become a "holdover tenant" and can be evicted by a "non-payment summary proceeding". Send them your rent check and see what happens. If they return it uncashed, start looking for a new place to live.
- Q. Copyright laws in NY- replicating photos in paintings
- A: For personal use, not an issue, but if they are displayed publicly, like in a product label, periodical or on a website, there are potential problems, especially if the photo contains the likeness of a person without their permission. It gets tricky. Why not take some phots yourself. thereby giving them implied permission? If you photograph a person, be sure to tell them what it's for and ask for their permission to use it BEFORE you snap the shutter!
- Q. Insurance lapse for 1mo. Cited for operating w/o insurance, unreg vehicle, operate while reg susp and unlicensed
- A: When your insurance terminates (or lapses) the DMV automatically suspends/cancels your registration and plates, but not your driver's license. Reinstate your insurance (expect the rate to go up), renew your registration, get new plates, and take proof of all of that to court when you appear. You will most likely plea down to one minor offense, you don't need a lawyer for this, but it might be a good idea to get one. Ask for a plea to a non-moving violation so you can avoid points, but don't be discouraged if that's denied, points disappear in a year anyway.
- Q. Good morning I was charged with 3rd degree aggravated assault charge and no criminal records ever what can happen
- A: I agree, it's important to know where you are going to appear, and in which court (county, city, town, or village court). It will also depend upon the exact nature of the offense, what exactly took place. I've had cases like this reduced to disorderly conduct, or dismissed, but it really does depend upon what happened. Call or email if you want to discuss further, or contact an attorney of your choosing. In general, the worst case scenario is no longer than one year in a local jail, with no priors, probation is more likely, but that really depends upon what the "aggravating" factor is.
- Q. I got auto-charged a renewal to an annual subscription for a website theme with no 30-day warning.
- A: Although almost all subscription services warn subscribers of upcoming auto-renewals as a courtesy to ensure the money is available, they are not required to do so, unfortunately. I am assuming that you elected for automatic renewal, or at least agreed to it, when you first signed up. You should have read the terms of agreement then. It likely also contains language regarding termination.
- Q. I'm a pro se litigant and need to write a reply brief in the US Court of Appeals for the 2nd Circuit. Any examples?
- A: Search at scholar.google.com. You'll get plenty of examples!
- Q. How can i file contempt on my ex husband for not letting me see my son while im in another state
- A: You file a petition in family court in the county where your son resides (Cattaraugas County). But which petition? If there was no court ordered custody arrangement, you file a petition for custody/visitation. If there was a court order (or it's contained in a divorce decree) you file a petition for modification of order for custody/visitation. You can find the forms here: http://ww2.nycourts.gov/forms/familycourt/custodyvisitation.shtml. Because your son claims abuse, there is a place on the forms where you can allege abuse as a family offense. This can get tricky so you should consider hiring an attorney. The court will appoint an attorney for your son (often called a "law guardian") which will cost you & your ex nothing; the law requires that your son have his own attorney. There will be conferences with the family court clerk trying to resolve the matter short of a court hearing, these are usually "attorneys only" but a party can attend if they are unrepresented. It's a good idea to be in the courthouse during conferences so your attorney, if you retain one, can find you and discuss potential resolutions, saving time & money. Depending on your income & expenses, you, yourself, may qualify for a free lawyer, you can try & apply here: https://www.cattco.org/public-defender. Feel free to contact me if you have any further questions...
- Q. can Someone claim a dog after a year even though no microchip and new owners have chipped registration and vet bills?
- A: In New York State, pets are considered property, even though we might consider them family members. There is no such thing as "finders keepers, losers weepers" under property law. If they can provide proof of ownership it's their dog and they have a right to reclaim it. How they are going to prove that the dog is the one and the same absent a microchip is another matter. Have an attorney send them a letter demanding proof of ownership. If they can't you get the dog back.
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