Jack Richard Lebowitz’s Answers

Jack Richard Lebowitz

Glens Falls Litigation Lawyer.

Contributor Level 18
  1. Does this case prove selective prosecution? The facts are very accurate. My rights were not being recognized anyway.

    Answered about 2 years ago.

    1. Jack Richard Lebowitz
    2. Eric Edward Rothstein
    3. Alexander Mchenry Memmen
    4. Robert Bruce Kopelson
    4 lawyer answers

    No, "selective prosecution" is a criminal law concept and has no bearing on custody matters in family court. In Family Court, the guiding principle is "what is in the best interests of the child". The Judge, Attorney for the Child, the parents and their attorneys, Child Protective Services if they are involved (and sometimes the child itself if he/she is old enough to express their wishes or appears to have been abused or neglected). If the Judge "didn't seem to like you" that's...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Questioning a judges action

    Answered about 2 years ago.

    1. Jack Richard Lebowitz
    2. Jayson Lutzky
    3. Lawrence Allen Weinreich
    3 lawyer answers

    I think the term you are looking for is "recusal", that the judge would take himself off a case, but the facts of the case as you've stated them don't seem to support a motion for recusal. Recusal might happen, for instance, if a Judge represented a party in private practice before he became a judge or was related to a party. It's akin to "conflicts of interest". From what you're saying, the same judge, presumably a Family Court judge, decided a neglect petition against you and is now...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Criminal

    Answered about 2 years ago.

    1. James W Chandler
    2. Thomas Klemens Almquist
    3. Jack Richard Lebowitz
    4. Frank Mascagni III
    5. Gregg R. Brennan
    6. ···
    7 lawyer answers

    I agree with Mr. Jones, you definitely need the best criminal attorney you can find and, while I'm not a FL attorney, you're probably not looking at jail time but serious prison time. If I had to tease out the elements of the situation, I wouldn't worry too much about less than an ounce of marijuana and some paraphernalia (unless you are still on active parole and under community supervision), but I'd definitely be VERY concerned about the "felon with a gun" and "second offense" part of...

    11 lawyers agreed with this answer

  4. Where do I go to get accurate info. regarding if a house was sold and how much it was sold for?

    Answered about 2 years ago.

    1. Jack Richard Lebowitz
    2. Eric Edward Rothstein
    3. Jeffrey Bruce Gold
    4. Angela A. Conti
    4 lawyer answers

    If the property is in New York State, you can find out how much comparable houses in your area sold for recently from an official records search of the County Clerk's Office and the County Real Property Tax Services. Sometimes this is on line, depending on the County, sometimes you have to go to the County offices to find that information. Get the tax map parcel ID for the comparable property and then locate the deed to the current owner. The deed document will have a "tax stamp" on it...

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  5. How do I file for divorce with a minor child involved?

    Answered about 2 years ago.

    1. Mary Katherine Brown
    2. Jack Richard Lebowitz
    3. Yefim Rubinov
    4. Rachel S. Silberstein
    5. Louis Lawrence Sternberg
    6. ···
    7 lawyer answers

    I agree with the other counsel as to the law. As to the facts, does your separation agreement address custody, child support and visitation? Have you ever been to Family Court in NY or NJ to address custody, support or visitation issues? These agreements and orders aren't automatically disturbed or vacated because you are taking the final step of becoming divorced. Take this up with your divorce attorney as soon as possible and bring him or her copies of any existing agreements or orders...

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  6. I am a Pro se on a Termination of Parental Rights for the first trial date Iwas locked out of the courtroom the door s were lock

    Answered over 1 year ago.

    1. Jack Richard Lebowitz
    2. Howard E. Knispel
    3. Peter Christopher Lomtevas
    4. Ralph Duthely
    5. Jayson Lutzky
    5 lawyer answers

    You should see an attorney, even though you've been doing this pro se, it doesn't seem to be working for you. Termination of parental rights at a dispositional hearing is usually at the end of a longer process that includes factfinding and recommendation hearings before parental rights are terminated and a child is released for adoption. What happened at those hearings? Did you appear and contest the proposed termination, pro se or otherwise. You may also have an opportunity to appeal the...

    9 lawyers agreed with this answer

  7. What to do with an 81 yr old man who won't bathe or allow others to help him?

    Answered almost 2 years ago.

    1. Mary Katherine Brown
    2. Alexander Joseph Segal
    3. Jack Richard Lebowitz
    4. Hayley R. Greenberg
    5. Sharon Melissa Siegel
    5 lawyer answers

    I too agree with Ms. Brown. The procedure in New York is called a Guardianship under Article 81 of the Mental Hygiene Law. From what you've said, you have a vey good case to be appointed guardian. I refer you to this web publication for more information: http://www.ocfs.state.ny.us/ohrd/materials/151670.pdf Lawyers often participate in this process as court monitors, similar to the role "Attorneys for the Children" play in Family Court proceedings, and there are panels of qualified...

    9 lawyers agreed with this answer

  8. If two friends are stopped for committing the same crime...*read details*

    Answered about 2 years ago.

    1. Joseph A Lo Piccolo
    2. Howard A. Schwartz
    3. Eric Edward Rothstein
    4. Richard C. Southard
    5. Jack Richard Lebowitz
    6. ···
    9 lawyer answers

    Sounds like some kind of "thought experiment" or logic puzzle ("one of them is lying, and one is telling the truth, which one")?

    9 lawyers agreed with this answer

  9. Is real estate broker commission typically paid from attorney's escrow or directly by Seller at the closing?

    Answered over 1 year ago.

    1. Jack Richard Lebowitz
    2. Lee Michael Friedman
    3. Peter J Weinman
    4. Eric Edward Rothstein
    4 lawyer answers

    It varies. There is no "usual". What is usual, however, is that at the closing the buyer has to bring down all the money owing for the seller's purchase price and closing costs in a certified or bank check. Often of course, much of that money is from the proceeds of a mortgage loan, and in most instances, the bank or the bank's attorneys will therefore cut the checks to all the persons due money at the closing: the seller, the title company, the attorneys on both sides, the realtors and the...

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  10. Do i have to give my daughters father make up time?

    Answered about 2 years ago.

    1. Jack Richard Lebowitz
    2. Morghan L Richardson
    3. Louis Lawrence Sternberg
    4. Paula Brown Sinclair
    5. Maria C. Tebano
    5 lawyer answers

    Not unless the existing visitation order contemplates the situation where your daughter's father's work schedule is flexible and you are required to allow for rescheduling and "make up" time. I would expect that if the visitation order is silent on the need for "flexibility" because of the NCP's claimed work conflicts, if he misses scheduled visitation, tough noogies, there's no "make up" requirement.

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