tag:blogger.com,1999:blog-3717763000184349948.comments2023-10-26T11:17:50.240-04:00A Lawyer's Blog - Jon Michael Probstein, Esq.Jon Michael Probstein, Esq.http://www.blogger.com/profile/02516067937381017755noreply@blogger.comBlogger231125tag:blogger.com,1999:blog-3717763000184349948.post-41541920847113958182020-05-08T16:48:46.466-04:002020-05-08T16:48:46.466-04:00Here is link to NYSBA summary: https://nysba.org/s...Here is link to NYSBA summary: https://nysba.org/summary-of-executive-order-202-28/Jon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-25561659587229381002020-03-26T20:22:22.479-04:002020-03-26T20:22:22.479-04:00According to the NY Times, the proposed Senate bil...According to the NY Times, the proposed Senate bill would cover the self-employed. See https://www.nytimes.com/article/coronavirus-stimulus-package-questions-answers.html?action=click&module=Spotlight&pgtype=HomepageJon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-8968256101846240012020-03-26T17:09:55.588-04:002020-03-26T17:09:55.588-04:00And https://www.mosessinger.com/articles/potential...And https://www.mosessinger.com/articles/potential-traps-for-the-unwary-significant-contractual-provisions-that-parties-should-be-aware-of-in-light-of-covid-19Jon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-85856116522542338772020-03-26T17:08:49.919-04:002020-03-26T17:08:49.919-04:00See also https://www.mosessinger.com/articles/lega...See also https://www.mosessinger.com/articles/legal-issues-businesses-need-to-consider-and-address-during-the-covid-19-pandemicJon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-49368315226799466782020-03-26T14:27:25.750-04:002020-03-26T14:27:25.750-04:00See also https://trialacademy.org/index.cfm?pg=How...See also https://trialacademy.org/index.cfm?pg=HowToENotarizeJon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-14586493510893936052020-03-25T17:01:12.509-04:002020-03-25T17:01:12.509-04:00An attorney Cory Morris sent this discussion on th...An attorney Cory Morris sent this discussion on the proposed legislation:<br /><br />The virus and conditions may not last forever (in fact, a good source of information says that it may be over as soon as Easter), pursuant to Chastleton Corp. v. Sinclair, 264 US 543 (1924):<br />"A law depending upon the existence of an emergency or other certain state of facts to uphold it may cease to operate if the emergency ceases or the facts change even though 548*548 valid when passed. Perrin v. United States, 232 U.S. 478, 486, 487. Missouri v. Chicago, Burlington & Quincy R.R. Co., 241 U.S. 533, 539, 540. In Newton v. Consolidated Gas Co., 258 U.S. 165, a statutory rate that had been sustained for earlier years in Willcox v. Consolidated Gas Co., 212 U.S. 19, was held confiscatory for 1918 and 1919." <br />Jon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-5247169615614143252020-03-25T14:00:10.598-04:002020-03-25T14:00:10.598-04:00Note that this bill has been proposed: https://leg...Note that this bill has been proposed: https://legislation.nysenate.gov/pdf/bills/2019/S8125Jon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-71624479999901042392020-02-25T07:27:23.218-05:002020-02-25T07:27:23.218-05:00Hello:
Consult with counsel and/or raise the issu...Hello:<br /><br />Consult with counsel and/or raise the issue with the court.Jon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-43383316355477823842020-02-08T22:52:57.423-05:002020-02-08T22:52:57.423-05:00My landlord is trying evict after Eddie call code ...My landlord is trying evict after Eddie call code enforcement I think this is retaliationAnonymoushttps://www.blogger.com/profile/06005612243677884453noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-1168699627787316082020-02-08T22:51:28.107-05:002020-02-08T22:51:28.107-05:00My landlord is taking me to court and I believe it...My landlord is taking me to court and I believe its retaliation eviction afterafter I call code enforcement<br />Anonymoushttps://www.blogger.com/profile/06005612243677884453noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-51023020793923623542019-11-04T06:33:43.419-05:002019-11-04T06:33:43.419-05:00Hello: The violations should be set forth in the ...Hello: The violations should be set forth in the local code under Building Department or Department of Buildings, etc. Usually, the local codes are available online.Jon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-8337807024413551282019-11-03T22:48:02.129-05:002019-11-03T22:48:02.129-05:00I am unable to locate multiple violations
7-63
86...I am unable to locate multiple violations <br />7-63<br />86-9A1<br />173-11<br />3-302.1<br />31-322B<br />There are many violations at this residence since 2016 and are showing as openAnonymoushttps://www.blogger.com/profile/04956228373161538804noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-68386023467022215342019-10-29T16:31:30.317-04:002019-10-29T16:31:30.317-04:00I totally agree with the Supreme Court's deter...I totally agree with the Supreme Court's determination to deny the petition and, in effect, dismiss the proceeding.<br /><br />Jeff GolddsteinJeff Goldsteinhttps://your-drug-crime-lawyer.com/noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-7534864585958694152019-10-23T07:02:18.907-04:002019-10-23T07:02:18.907-04:00Hello: Contact the Telephone Claims Center - see h...Hello: Contact the Telephone Claims Center - see https://labor.ny.gov/ui/claimantinfo/ContactInfo.shtmJon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-44250017167251467352019-10-22T23:40:24.383-04:002019-10-22T23:40:24.383-04:00Can i claim benefits on the forfeit penalty expira...Can i claim benefits on the forfeit penalty expiration date or the day after it says October 27th is expiration dateAnonymoushttps://www.blogger.com/profile/17952132561003189674noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-952112950980830162019-09-18T11:45:39.962-04:002019-09-18T11:45:39.962-04:00Hello:
I just tried it and it worked. This is wha...Hello:<br /><br />I just tried it and it worked. This is what they say on that page:<br /><br />"Unemployment Insurance and Corporate Officers<br />A corporate officer is a person who manages the affairs of a corporation as an officer and/or stockholder or director or as a family member or close relative of an officer or stockholder. <br />The NYS Unemployment Insurance Law provides that, "benefits shall be paid only to a claimant who is totally unemployed." Total unemployment is defined as the total lack of any employment on any day. <br />Whenever an individual, who is the officer of a corporation, files a claim for benefits, and the corporation is the last employer, an investigation must be performed to establish whether the individual is "unemployed" within the meaning of the UI Law. It must be established whether the claimant can control his/her own employment. The investigation is required irrespective of whether the activity as officer of the corporation is the claimant's primary or secondary employment. <br />An officer of an ongoing corporation may be considered employed for NYS unemployment insurance purposes and may not be eligible for unemployment insurance benefits, even during a period in which, because of a temporary suspension of operations, he/she performs no services and receives no remuneration. A temporary suspension of corporate operations may result from a lack of business, seasonal or otherwise, an emergency such as fire or flood; or other reasons. <br />The courts have upheld the denial of benefits because of lack of total unemployment in cases described by the above rule. The basis for the ineligibility is that, since it rests within the power of corporate officers to fix their salaries and the time for their payment, it must be presumed that the salaries so fixed are intended to constitute compensation on an annual basis. In other words, such claimants are presumed to be employed throughout the year and are not eligible for unemployment insurance benefits. <br />The only exception to the above rule would be in those cases in which corporate operations have permanently ceased because of the impending dissolution of the corporation. However, even in such cases, a corporate officer is considered employed if he/she performs substantial services related to winding up the affairs of the corporation. Similarly, a corporate officer is considered employed if he/she performs substantial services related to the formation and commencement of a corporate enterprise. <br />During all three phases of the life of a corporate enterprise – pre-operational (startup); operational (including temporary suspension of operations); and post-operational (windup) – a corporate officer who performs substantial services or receives remuneration is considered employed, and is not eligible for unemployment insurance benefits. In addition, during the operational phase, in which the corporation may be described as an ongoing corporation, such person is not totally unemployed, even if he/she performs no services and receives no remuneration. "Jon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-33865432635350113162019-09-18T11:00:14.805-04:002019-09-18T11:00:14.805-04:00Hi, Thanks for the info. However the page you reco...Hi, Thanks for the info. However the page you recommended according tp NY Labor Dept. "Cannot be Found". Just thought you should know...Mauricehttps://www.blogger.com/profile/12253852543280810322noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-37952995376261428432019-08-13T12:20:05.148-04:002019-08-13T12:20:05.148-04:00Hello:
This is the DOL position: https://www.labo...Hello:<br /><br />This is the DOL position: https://www.labor.ny.gov/ui/claimantinfo/ui%20and%20corporate%20officers.shtm<br /><br />You can request a hearing.Jon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-57246717902137946922019-08-13T10:00:15.904-04:002019-08-13T10:00:15.904-04:00I recently sold my incorporated florist due to lac...I recently sold my incorporated florist due to lack of revenue. I was denied UI benefits because in their opinion I quit my job without good cause. My business was losing money and I couldn't pay myself. Can anyone suggest a recourse to get the UI benefits I believe I'm entitled to? Thanks, MauriceMauricehttps://www.blogger.com/profile/12253852543280810322noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-66875746838353130402019-08-01T17:07:18.178-04:002019-08-01T17:07:18.178-04:00Hello:
Yes, this can be pursued either as an affi...Hello:<br /><br />Yes, this can be pursued either as an affirmative defense in an eviction proceeding or as separate cause of action - assuming you can satisfy the other provisions in the statute. Try to retain counsel to go over your specific facts.Jon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-69469749494804523282019-08-01T16:59:48.777-04:002019-08-01T16:59:48.777-04:00Sorry Jon, was that in response to my question?Sorry Jon, was that in response to my question?Marijahttps://www.blogger.com/profile/14694551485214783566noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-80590648322998259822019-08-01T13:52:50.208-04:002019-08-01T13:52:50.208-04:00Hello:
The statute has been amended giving furthe...Hello:<br /><br />The statute has been amended giving further protections but for a plenary suit, note that the statute provides:<br /><br />"3. A landlord shall be subject to a civil action for damages, attorney's fees and costs and other appropriate relief, including injunctive and other equitable remedies, as may be determined by a court of competent jurisdiction in any case in which the landlord has violated the provisions of this section."Jon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-64731504629348684452019-08-01T12:59:40.896-04:002019-08-01T12:59:40.896-04:00If I am reading this correctly, I can sue for an a...If I am reading this correctly, I can sue for an attempted retaliatory eviction, i.e. it is not required that it was "successfully" carried through?<br />Marijahttps://www.blogger.com/profile/14694551485214783566noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-75385086780086242882019-07-16T16:31:34.868-04:002019-07-16T16:31:34.868-04:00Hello:
The number for Nassau/Suffolk Law Services...Hello:<br /><br />The number for Nassau/Suffolk Law Services can be found at this link: https://www.nslawservices.org/Jon Michael Probstein, Esq.https://www.blogger.com/profile/02516067937381017755noreply@blogger.comtag:blogger.com,1999:blog-3717763000184349948.post-27094778521647445242019-07-16T13:11:44.290-04:002019-07-16T13:11:44.290-04:00Is there a number I can call to see if I would be ...Is there a number I can call to see if I would be eligible for pro bono assistance? I am currently on SSD, and need an attorney, possibly it would be an estate attorney, but I am not sure. Strikasgirl0204@gmail.comLaurahttps://www.blogger.com/profile/03925840351358659063noreply@blogger.com