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Eric Edward Rothstein

Eric Rothstein’s Answers

39,053 total


  • I got a letter from a lawyer from jcp asking for 350.00 What will happen if I don't pay?

    My daughter and I got caught shoplifting at jcp the we got a acd. The case will be sealed in 6 mos. it was our first offense.

    Eric’s Answer

    I advise my clients not to pay the civil demand because I have never seen a store sue to collect. I write a letter to the store or it's lawyer directing them not to contact my client and that ends the matter.

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  • Can i apply for a green card in the future after my case is dismissed and sealed (ACD)

    Charge with Petit Lacerny and received ACD dismissed and sealed already, im currently holding a working permit and im applying a green card in the future.

    Eric’s Answer

    Yes.............................................

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  • How to do a pre-nuptial agreement and not get robbed?

    I would like to know about pre-nuptial agreement process and general possible terms. I have had bad experience in the past marrying without it and getting ripped. So now when I get married I want to have an agreement and reserve my assets and inco...

    Eric’s Answer

    The safest thing to do is hire a lawyer because if you try to do it yourself you may find out years later that it is not enforceable.

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  • I rented a room for one night at area hotel and the bed had bed bugs and I bitten up really bad, is there a way I can sue.

    Can I sue this hotel for negligency, and I have it on video

    Eric’s Answer

    You may have a case but you are going to have to prove the hotel was the source of the bed bugs. What are your damages? I suggest that you speak with a lawyer in the area where you stayed. If you sue you may need to appear in NY for a deposition and physical exam and then at trial. Are you willing to make that investment assuming a lawyer accepts your case?

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  • What is the definition of possession under ABC Violation 65C

    Charged with ABC Violation 65-C

    Eric’s Answer

    Section 65-c does not define the term. Penal Law section 10.00(8) defines "possess" as "to have physical possession or otherwise to exercise dominion or control over tangible property."

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  • I got a ticket for talking on my phone while driving.

    How much will this cost me? I and going to plead not guilty. I have not had a ticket for anything in years. I was at a red light when this happened. In the past, any ticket I have gotten in NY was lowered to a parking ticket.

    Eric’s Answer

    It is a 5 point ticket which can mess up your insurance rate. Hopefully this was not in NYC because there is no plea bargaining. Elsewhere you may be able to negotiate a lower/no point deal.

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  • I called transit adjudication bureau for questions and she said there is a public record. I didn't know this was right

    Someone help, I called the transit adjudication bureau for questions. The number I called was 13476435805. I called and the person asked for violation number and I have it to her, then she asked if I paid it and I said yes, so I asked if I get a c...

    Eric’s Answer

    She is wrong. You cannot get a criminal record unless you are prosecuted in a criminal court.

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  • Transit adjudication bureau

    When I called the transit adjudication bureau for my concerns she asked me for my violation number and I have it to her. One of the questions was is this going to my records and she said yes because you paid. Is she right? Did I do the right thing...

    Eric’s Answer

    Did you ask her if this is civil versus criminal?

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  • Is there a lawsuit here?

    I have experience repetitive, violent, extreme bullying (Think nightmare) for 6 years straight (age 12-18) and very little was done to stop it by any teachers or school officials. Was told it was "Kids beign Kids", and beign from the 80-90 teache...

    Eric’s Answer

    Bullying can be the basis of a lawsuit against a school but there are issues in your post. Have you exhausted your administrative remedies? Did you file a Notice of Claim? You may have statute of limitations issues and then again you may not depending on how old you are. I suggest that you consult with a personal injury lawyer ASAP. Below is the text of a recent appellate decision in a bullying case:

    Allegations that a public school failed to adopt and implement adequate policies and procedures to prevent bullying and harassment should be addressed, in the first instance, to the Commissioner of Education (see Education Law § 310; cf. Matter of North Syracuse Cent. School Dist. v New York State Div. of Human Rights, 19 NY3d 481, 495, 973 N.E.2d 162, 950 N.Y.S.2d 67). Thus, contrary to the plaintiffs' contention, the Supreme Court correctly determined that they failed to exhaust administrative remedies before commencing this action (see Education Law § 310[7]; Matter of Mirenberg v Lynbrook Union Free School Dist. Bd. of Educ., 63 AD3d 943, 944, 881 N.Y.S.2d 159; see also Matter of R.B. v Department of Educ. of the City of N.Y., 115 AD3d 440, 440-441, 981 N.Y.S.2d 413; Mulgrew v Board of Educ. of the City School Dist. of the City of N.Y., 88 AD3d 72, 80, 928 N.Y.S.2d 269; Rubino v City of New York, 209 AD2d 681, 681, 619 N.Y.S.2d 961). They also failed to establish the applicability [2]  of any exception to the exhaustion of administrative remedies doctrine (see Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, 57, 385 N.E.2d 560, 412 N.Y.S.2d 821; Matter of Mirenberg v Lynbrook Union Free School Dist. Bd. of Educ., 63 AD3d at 944). Accordingly, the Supreme Court properly granted that branch of the defendants' motion which was pursuant to CPLR 3211(a), in effect, to dismiss the complaint for failure to exhaust administrative remedies.

    SC v Monroe Woodbury Cent. Sch. Dist., 2016 N.Y. App. Div. LEXIS 665, 2016 NY Slip Op 00669 (N.Y. App. Div. 2d Dep't Feb. 3, 2016)

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  • Can I have someone arrested for giving wrong information to get police to (try and ) arrest me on a trespass order?

    A store manager in a chain drug store (in the lobby of my co op) issued a trespass order against me without telling me. Months of complaining to corporate that she discriminates against disabled folk resulted in this. Could she do it alone, or did...

    Eric’s Answer

    I highly doubt that the police are going to get involved in this because it is your word v. the employee's word.

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