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Stephen Bilkis graduated from Touro Law School in 1997. Soon after he passed the bar exam of New York and established the Law Offices of Stephen Bilkis & Associates. In over 20 years of practice, Mr. Bilkis has successfully represented scores of clients throughout Nassau County, Suffolk County, Westchester County, Queens, Brooklyn, Bronx, Manhattan, Long Island, and Staten Island in matters related to personal injury, probate law, criminal law, and family law.

Mr. Bilkis strongly believes that each client is unique and each case is different. His solutions are never “one size fits all.” He prides himself on listening to his clients, reviewing all facets of each case, and using his deep knowledge of New York law to come up with individualized solutions for each client.

Stephen Bilkis has been a member of various national and local bar organizations and associations including the New York State Bar Association, American Prepaid Legal Institute, the American Association for Justice, AARP Legal Services Network, and the New York State Trial Lawyers Association.

Stephen Bilkis and the staff at the Law Offices of Stephen Bilkis & Associates have well-earned reputations as knowledgeable and effective attorneys who fight for their clients’ legal rights. Because of this, the firm, its attorneys, and some of their notable cases or clients, in whole or in part, have been mentioned on several media outlets including CNN, CBS, CNBC, and ABC New York, as well as in the New York Times, New York Post and Newsday.

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Q. Is it legal to place a blank (no amount)social service 104 lien on my personal injury settlement in NY. Its a NF car acc

December 10, 2024

A: I'm sorry to hear about the difficult and confusing situation you are facing. In New York, it is generally permissible for government agencies, such as the Department of Social Services (DSS), to place a lien on a personal injury settlement to recover costs associated with providing services. A Section 104 lien allows DSS to secure payment for services rendered, even if the exact amount owed is not yet determined. This means that placing a blank or undetermined amount lien on your settlement is legally allowable under New York law.

However, certain procedures must be followed to ensure the lien is properly executed. Typically, the attorney handling your settlement should notify DSS of the settlement and provide necessary documentation to facilitate the lien clearance. The absence of a specific amount on the lien can be standard practice when the exact costs are still being finalized by DSS.

It's concerning that you have not received a formal notice of the lien from DSS. New York law requires that you be informed of any liens placed on your settlement to ensure transparency and allow you the opportunity to address or contest the lien if necessary. I recommend taking the following steps:

- Contact Your Attorney: Discuss the status of the lien and request a detailed explanation of the process your lawyer is following to clear it. Ensure that they are actively communicating with DSS to determine the exact amount owed.

- Reach Out to DSS Directly: If possible, contact the Department of Social Services to inquire about the lien on your settlement. They can provide information on the amount owed and the steps required to resolve the lien.

- Request Formal Notification: If you have not received any official notice regarding the lien, ask your attorney to provide you with all relevant documentation. It is your right to be informed about any claims against your settlement funds.

- Seek Independent Legal Advice: If you are unsatisfied with your attorney’s handling of the lien or if you believe there may be irregularities, consider consulting another attorney who specializes in personal injury or lien matters to review your case and advise you on possible actions.

Ensuring that the lien is accurately documented and that you are fully informed about any amounts owed is crucial for protecting your financial interests following a personal injury settlement. New York law provides mechanisms to manage such liens, but proactive communication with both your attorney and DSS is essential to resolve the matter efficiently.

Disclaimer: This response is intended for general informational purposes only and does not constitute legal advice. Laws and regulations are subject to change and may vary based on specific circumstances. For personalized guidance, please consult with a qualified attorney licensed in New York. ... Read More

Q. Are you legally and lawfully allowed to own a shotgun in the state of New York without a gun license?

December 8, 2024

A: In New York State, the laws regulating the ownership and possession of firearms vary based on the type of firearm. Shotguns fall under the category of "long guns," which also includes rifles.

For individuals residing outside of New York City, owning a shotgun does not require a state-issued license. However, there are eligibility criteria that must be met. According to New York Penal Law § 265.01, a person must be at least 18 years old to purchase or possess a shotgun. Additionally, individuals must not fall under any prohibited categories, such as those convicted of certain felonies or individuals subject to restraining orders, as outlined in New York Penal Law §§ 400.00(2) and 400.05.

New York City has more stringent firearm laws compared to the rest of the state. Under New York City Administrative Code § 10-1326, all firearms, including shotguns, must be registered with the New York Police Department (NYPD). Additionally, obtaining a permit to possess a shotgun in New York City involves a rigorous application process, including background checks and demonstrating a legitimate need for the firearm.

New York Penal Law § 400.05 outlines categories of individuals who are prohibited from possessing firearms, including shotguns. These categories include persons convicted of felonies, individuals with restraining orders, and those adjudicated as mentally incompetent. It is crucial for individuals to verify their eligibility before purchasing or possessing a shotgun to avoid legal repercussions.

Violating New York State firearm laws can result in severe legal consequences. Unauthorized possession, improper storage, or negligent transportation of a shotgun can lead to criminal charges, fines, and potential imprisonment. For instance, violating New York Penal Law § 265.45 regarding unsafe storage can result in misdemeanor charges, while more severe infractions related to prohibited persons can lead to felony charges under New York Penal Law §§ 400.00 and 265.01.

Disclaimer: This response is intended for general informational purposes only and does not constitute legal advice. Laws and regulations are subject to change and may vary based on specific circumstances. For personalized guidance, please consult with a qualified attorney licensed in New York. ... Read More

Q. My wife died via suicide. Being treated by doctors and a hospital. EMS refused to work on her.

December 2, 2024

A: I'm truly sorry for your loss. Dealing with the legal implications following your wife's death, especially under such distressing circumstances involving medical treatment and emergency services, can be incredibly challenging. Understanding whether you have a viable wrongful death or medical malpractice case in New York requires careful consideration of several factors.

In New York, a wrongful death claim allows certain family members, such as a spouse and children, to seek compensation if a loved one's death resulted from another party's negligence or misconduct. Importantly, only the decedent's personal representative—typically the executor or administrator of the estate appointed by the Surrogate's Court—has the authority to file a wrongful death lawsuit. This representative acts on behalf of the estate and the beneficiaries to pursue legal action.

To establish a wrongful death claim, you must demonstrate that the deceased owed a duty of care to the victim, breached that duty through negligent actions, and that this breach directly caused the death. In your situation, you would need to show that the medical professionals or EMS acted negligently in treating your wife, thereby contributing to her tragic outcome. For a medical malpractice claim, four key elements must be proven: duty of care, breach of duty, causation, and damages. This means showing that the healthcare providers failed to meet the standard of care expected in treating her condition, which directly led to her decline and subsequent death.

Your wife's rapid decline despite treatment for anxiety raises questions about whether the medical providers adequately assessed her suicide risk or provided appropriate interventions. Additionally, the EMS's refusal to work on her, citing that the wound was mortal, may be scrutinized to determine if it was justified or if it contributed to her death. These actions could potentially demonstrate negligence if they fell below the accepted standard of care.

Given the complexity of cases involving mental health and emergency medical services, it is important to consult with an experienced wrongful death and medical malpractice attorney in New York. An attorney can help you gather necessary evidence, such as medical records, witness testimonies, and expert opinions, to build a strong case. They can also navigate the legal procedures and deadlines specific to New York law, ensuring that your rights are fully protected.

Additionally, appointing a personal representative if not already done is important, as this individual will be responsible for filing the wrongful death claim on behalf of the estate. Collecting all relevant documentation and seeking expert medical opinions will strengthen your case and help demonstrate how negligence may have played a role in your wife's death.

Disclaimer: This response is based on the information provided and is intended for general informational purposes; it is not legal advice. Legal outcomes can vary depending on specific circumstances not detailed here. For personalized guidance, please consult with a qualified attorney familiar with New York wrongful death and medical malpractice law. ... Read More

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