New York Recent Legal Answers from Lawyers

Sorry to hear what happened to your case. I've never heard of having a client sign a waiver of conflict in the context of an appeal. You should certainly ask the lawyer to the identify and explain the conflict they are asking you to waive. Also make sure that they are not asking you to release them from any negligence / malpractice on their part which have contributed to the dismissal of your case. Unfortunately, given the posture of your case, you will not likely find an attorney willing to pursue your appeal on a contingency fee basis. Unless you are willing to pay an appellate attorney out-of-pocket, your only option might be sticking with your current lawyer. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

Mr. Clark, sorry to hear what happened to you. In a medical malpractice case, you have to demonstrate 1) a departure from the standard of care; and 2) harm caused by the departure. Although cutting the bile duct may be a foreseeable risk of having one's gallbladder removed, not recognizing the cut during the initial surgery may very well constitute a departure from the standard of care. That said and without minimizing what you went through, a two week hospitalization followed by a 2 month recovery at home might not justify the time and expense of a malpractice lawsuit. If you haven't already, get copies of your medical records and speak with an experienced medical malpractice attorney. You can find many excellent attorneys using legal directories such as Super Lawyers, FindLaw, Martindale and AVVO. Hope this helps, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

The best way to find out if the action is still pending or has been disposed of is by checking with the county clerk. When you sthat that divorce is uncontested, are you saying that there are no issues with respect to child support, custody, spousal support, or equitable distribution of marital assets?   Did your wife retain an attorney or prepare the papers herself (pro se)?  You may want to contact the attorney or your ex-wife to find out the status. There are several affidavits that need to be submitted by both sides in order for a final judgment of divorce to be granted.  There are a number of other important forms that the plaintiff would need to submit as well.  ... Read More

Good morning, With respect to adoption, generally speaking you are required to obtain the consent of the biological parents.  However, in a situation where the biological parent failed to maintain substantial and continuous contact with the child, consent may not be required.  Nonetheless, it is advised that you do some due diligence to locate the biological parent and seek his or her consent.  Thereafter, you have to file a petitition in family court. A name change is a separate petition that you would want to undertake after the adoption is complete.    ... Read More

To your second question, US citizens should not be worried about travel bans at this time. You, your siblings, and mother should be safe in traveling. The birthright citizenship Executive Order has no effect at this time. On the second question of your mother’s approved petitions for her siblings, President Trump has not yet proposed changing the family preference categories as he did in his first term, but there is a good possibility that he will get around to doing so. In that case, any effect on your mother’s petitions would be determined by the language of the passed legislation. Please note that such a change would require a bill by Congress and could not be done through regulation or executive order. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read More

Sorry to hear what happened to you. Apart from contacting your insurance, you might want to contact the utility company (or perhaps the town) and let them know that the utility line is down so that other motorists do not hit it. You might also want to ask the utility company if it would be willing to pay for your property damage. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

Sorry to hear what happened to your daughter. Unfortunately, slipping and falling is arguably an inherent risk of dancing (even with shoes). Absent any evidence that the organizer of the dance class did anything to increase that risk, or evidence that there was something on the floor which caused her to slip, a lawsuit would not likely be successful. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com... Read More

If your divorce agreement required her to be fully responsible for a second mortgage that had your name on it, but then filed for bankruptcy, he/she is required to indemnify you as a result of any judgment.  You may need to bring a motion in order to enforce the terms of the divorce agreement.    Please contact me if you would like to have a further discussion.... Read More

Good morning,   It is clear that a party in the lawsuit is seeking your testimony or certain information from you.  Since there is a motion to punish for contempt based on ignoring the subpoena, you should hire counsel to represent you.  Papers should be reviewed and if necessary, opposition should be filed.  Most likely, you will need to provide documents and/or appear at a deposition.  You should not provide any information without the assistance of counsel. Feel free to contact me if you'd like to discuss the matter further.... Read More

From Google AI: "No, an irrevocable trust is generally not considered a public record; like most trusts, it remains private and details about the trust are not readily accessible to the public unless specific circumstances arise, such as when real estate is transferred under the trust, which may be recorded with the county clerk, but the trust itself is not a matter of public record."  Jack... Read More

Hello there,  By law your ex should be paying YOU child support.  you should file a modification of child custody with the family court. if she does not agree to stop the child support, you can file a modification of child support in family court to stop it. If you want her to pay you child support that is up to you.  However, remember that custody is determined by how many overnights the child spends with either parent ... Read More

(1) Contact your lawyer & ask for a specific update on the Judgment package.  (2) Access the E-File system yourself so you can see what activity has been done on your case.  (3) If still not satisfied, hire another attorney.  For more info and/or a 2d opinion, call a Bronx Divorce Attorney to schedule a consult.... Read More

In New York, biological parents are primarily responsible for supporting their children. As a stepmother, you are generally not obligated to pay child support for your husband's child from another relationship. However, if the biological parents' support is insufficient and the child is at risk of needing public assistance, the court may consider the step-parent's financial resources to ensure the child's needs are met. Given that your husband is unemployed, it's possible the court could look to your household income to support the child and prevent reliance on public assistance. It's advisable to consult with a family law attorney to understand your specific obligations and options in this situation.... Read More