Ameer N. Benno’s Answers

Ameer N. Benno

New York Civil Rights Attorney.

Contributor Level 9
  1. We are the plaintiffs in a civil tort case. We understand the defendant has the right to depose the plaintiff first in NY.

    Answered 20 days ago.

    1. Ameer N. Benno
    2. Eric Edward Rothstein
    3. Lee Michael Huttner
    4. Florian Bruno
    5. David Michael Kasell
    5 lawyer answers

    Assuming the case is in suit, a Preliminary Conference Order (or, in New York County, a case scheduling order) will provide the dates by which the parties must be deposed. Depending on the county your case is pending in, the order may specify a specific date for each party to be deposed. If the former, you should immediately serve your adversary with a notice of deposition specifying the date, time, and location of the defendant's deposition, as well as the manner by which you will record it...

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  2. Can I get a appeals attorney who can successfully argue a late notice of claim denial in queens NY

    Answered 3 months ago.

    1. Ameer N. Benno
    2. Michael Steven Pollok
    3. Eric Edward Rothstein
    4. Michael J Palumbo
    4 lawyer answers

    This is definitely something that an appellate attorney could and should handle, since success in overturning the lower court decision requires familiarity with the body of law that has developed around General Municipal Law Section 50-e(5) and its non-exhaustive list of the various factors that courts consider when determining whether to grant a late notice of claim application. While success on appeal cannot be guaranteed (so much depends on the specific facts of your case), a skilled...

    6 lawyers agreed with this answer

  3. Is it too late to appeal?

    Answered about 1 month ago.

    1. Ameer N. Benno
    2. Eric Edward Rothstein
    3. Adam Mark Thompson
    4. Timothy A. Provis
    4 lawyer answers

    Under NY CPL section 460.30(1) you can move for permission to extend the time for taking the appeal, but the motion must be made within 1 year and 30 days from the date of your sentencing, and the appellate court has discretion to deny the motion. In order to prevail on such a motion, you would have to show either (1) that your failure to have timely appealed was due to "improper conduct of a public servant or improper conduct, death or disability of the [your] attorney" or (2) that you and...

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  4. Please help my bf is an inmate and was brutally beat up badly by three co s . help

    Answered about 2 months ago.

    1. Ameer N. Benno
    2. Eric Edward Rothstein
    3. Bruno Patrick Bianchi
    4. David Ivan Bliven
    4 lawyer answers

    You should contact a civil rights attorney who handles prisoner cases, as what you describe is a violation of your boyfriend's 8th Amendment rights. Also, your boyfriend should make sure to file a grievance against the officers for the assault. If the grievance is denied, he should appeal until he has exhausted his available administrative remedies. If he does not do this, he may be barred in the future, under the Prison Litigation Reform Act, from filing a lawsuit based on this assault....

    5 lawyers agreed with this answer

  5. Can you appeal sentencing after agreeing not to?

    Answered 3 months ago.

    1. Ameer N. Benno
    2. Emanuel Kataev
    3. Kevin H. Pate
    4. Eric Edward Rothstein
    5. Peter John Marek
    6. ···
    6 lawyer answers

    You can always appeal. The real question -- and I think the one you are really getting at -- is whether an appeal will have any chance of success in light of the waiver. The answer to that depends on a lot of factors, but most of all what was said, or not said, during the plea proceeding. At the outset, if the plea itself was not knowingly, intelligently, and voluntarily entered, any waiver of appeal accompanying that plea is equally invalid. This is a fact-intensive inquiry, and one...

    4 lawyers agreed with this answer

  6. I am selling some "Adult Items" on my website. Do I have to have customers agree to being of legal age (18) to view my website?

    Answered about 1 month ago.

    1. Ameer N. Benno
    2. Dana Whitney Atchley
    3. Andrew Mark Jaffe
    3 lawyer answers

    The Child Protection and Obscenity Enforcement Act of 1988 (18 U.S.C. § 2257) places strict record-keeping requirements on certain adult industry professionals. The guidelines for enforcing these laws, codified in 28 C.F.R. § 75, require producers of sexually explicit material to obtain proof of the age of every model they shoot and to retain those records. Federal inspectors may at any time, and without notice, inspect these records and prosecute any infraction. The definition of “...

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  7. Whats going to happen to me when i go to court?

    Answered 3 months ago.

    1. Ameer N. Benno
    2. Eric Edward Rothstein
    3. John M. Cromwell
    4. Richard C. Southard
    5. Jay Scott Finnecy
    5 lawyer answers

    There's always the possibility that the cases for which you were given an ACD will be restored to the calendar in light of your new arrest. A lot depends on when relative to this new arrest you were given the prior ACDs, and which county each of those cases was brought in. If your MACD happened in Kings County, for example, and your current CPW charge is in Queens, it's probably not likely that the ADA in Queens will contact the ADA in Kings to inform him/her about the new arrest, or that the...

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  8. Legal standing to sue?

    Answered 3 months ago.

    1. Ameer N. Benno
    2. Emanuel Kataev
    3. Eric Edward Rothstein
    3 lawyer answers

    The answer is "it depends." A plaintiff has standing to challenge the constitutionality of a statute when they have “suffered some actual or threatened injury to a protected interest by reason of the operation of the unconstitutional feature of the statute.” Cherry v. Koch, 126 A.D.2d 346, 351 (2d Dept. 1987). When a plaintiff challenges a statute on the basis that that they fear arrest under it, “the plaintiff[ ] must show that either they have in fact been arrested, prosecuted or...

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    1 person marked this answer as helpful

  9. Can I file for harassment charges from my boss's wife? She is accusing me of having an affair with her husband.

    Answered about 1 month ago.

    1. Ameer N. Benno
    2. Eric Edward Rothstein
    3. Christian K. Lassen II
    4. Mario David Cometti
    5. Andrew Lawrence Weitz
    5 lawyer answers

    First, you certainly can report this conduct to the police. From what you describe, it sounds like her conduct constitutes aggravated harassment and/or stalking in the 4th degree. In addition to pressing criminal charges (and in the process obtaining an order of protection), you can take civil action against her by suing her for defamation, provided that what she is saying is false. Defamation is the communication of a false statement of fact that harms the reputation of an individual....

    3 lawyers agreed with this answer

  10. Can two 15 year olds send dirty texts to eachother, or is it illegal?

    Answered about 1 month ago.

    1. Ameer N. Benno
    2. Andrew Mark Jaffe
    3. Alan James Brinkmeier
    4. Gary Ralph Ilmanen
    4 lawyer answers

    Such conduct may fall within the ambit of NY Penal Law § 235.22, Disseminating Indecent Material to Minors in the First Degree, and NY Penal Law § 235.21, Disseminating Indecent Material to Minors in the Second Degree -- class D and E felonies, respectively. Such conduct also may be considered in violation of PL 260.10, the misdemeanor of Endangering the Welfare of a Minor. That statute provides in relevant part that "A person is guilty of endangering the welfare of a child when .... He...

    3 lawyers agreed with this answer

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