Jack Richard Lebowitz’s Answers

Jack Richard Lebowitz

Glens Falls Litigation Lawyer.

Contributor Level 16
  1. Question on Plain View Doctrine and Lawfully Present in NYS.

    Answered about 1 month ago.

    1. Jack Richard Lebowitz
    2. Steven Warren Smollens
    3. Edwin Drantivy
    3 attorney answers

    Maybe if this were a criminal proceeding accusing you of a crime (misdemeanor or felony) for which you could be imprisoned, you would be able to raise a Fourth Amendment suppression issue, i.e., whether the pool was in plain view from a public place and so forth which is designed to protect the sanctity of the home. But, alas, we're dealing with a lower level of infraction, a municipal code or environmental permit violation which isn't usually a "crime" (strictly defined as misdemeanor or...

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  2. How do i prove parental alienation in court , when the children live with me ?

    Answered 3 months ago.

    1. Jack Richard Lebowitz
    2. Alexander Joseph Segal
    3. Louis Lawrence Sternberg
    4. Morghan L Richardson
    4 attorney answers

    I don't see any easy answers here, since disparagement is hard to prove and the law guardian doesn't agree with you. Sometimes, being "rude and disrespectful" comes with the territory of kids growing up, and it's hard to be patient, and to deal with different parenting styles and perhaps a more lax treatment when the girls are with the mother, plus the "sex difference" (although it doesn't work this way and kids can be manipulative and many mother-daughter relationships are perhaps rockier...

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  3. Countering a petition for guardianship of my two children petitioner lied

    Answered about 1 month ago.

    1. Howard M Lewis
    2. Jack Richard Lebowitz
    3. Edwin Drantivy
    4. David Ivan Bliven
    5. Marco Caviglia
    5 attorney answers

    Guardianship? Do you mean sole physical custody? If your ex went and petitioned the court for custody without you present, assuming you had custody by a previous order or simply consent or an agreement between you two, he or she must have done that by an Order to Show Cause, which is an "emergency" kind of petition where only one party has to be present to get a temporary order. In that instance, I'd presume there will be a hearing to determine permanent custody. You don't say whether...

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    1 person marked this answer as helpful

  4. Criminal Complaints against Bankruptcy Judge and chapter 7 trustee should be filed where? The case is in Trenton, New Jersey

    Answered 4 months ago.

    1. Jack Richard Lebowitz
    2. Carl H Starrett II
    3. Alan D. Walton
    4. Glenn R Reiser
    4 attorney answers

    Are you appearing pro se (without a lawyer)? What does your lawyer say about your notion of criminal charges? Usually judges as government employees are insulated from such criminal charges and liability. Did they break any specific ethical rules such as the code of judicial responsibility (usually way out stuff that their relative was a creditor of you). It sounds to me like your notion is that by not informing you of some procedural pitfall, your case was damaged. But this is not...

    8 lawyers agreed with this answer

  5. Flood Zone Determination is it required contains "the letters A or V" under the.

    Answered 17 days ago.

    1. Jack Richard Lebowitz
    2. Richard J. Chertock
    3. Andrew Endicott Schrafel
    3 attorney answers

    You need to look at a Flood Zone map for the property you are interested in getting insurance for and see whether it is in a designated flood zone which uses the letters you mention in your question. More information can be found online by Googling "FEMA Flood Maps" or www.floodsmart.gov.

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  6. Is a lawyer legally obligated to read all the documents and thoroughly put time into his case if he is paid a straight fee ?

    Answered about 1 month ago.

    1. Jack Richard Lebowitz
    2. Eric Edward Rothstein
    3. L. Maxwell Taylor
    4. Judy A. Goldstein
    5. John J. Carney
    5 attorney answers

    Agree with other counsel that no matter what the manner or level of payment, an attorney is required by the ethical rules of practice in NYS (22 NYCRR Part 1200, Rules 1.1 and 1.3 see link below) to be competent and diligent. You can complain to the committee on professional conduct in the judicial district you are in, information is available on the "NYS Courts" website. There may also be fee arbitration or mediation programs in your county, again, google or ask the court clerks contacts...

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  7. Famiy court petition

    Answered 2 months ago.

    1. Jack Richard Lebowitz
    2. Mark A Green
    3. Howard Edward Knispel
    4. Morghan L Richardson
    4 attorney answers

    Contempt of court? Making a frivolous motion? Being litigious? Not sure there is a legal term for this. Maybe you had it right with just being "nuts".

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  8. Can you legally lock out a person you own a house with,tenants in common and sue them for mortgage payments.

    Answered 21 days ago.

    1. Steven Warren Smollens
    2. Eric Edward Rothstein
    3. Jack Richard Lebowitz
    4. Peter J Weinman
    5. Jayson Lutzky
    5 attorney answers

    No, you can't evict them (or change the locks which is a self-help eviction without the required court permission), unless you have some kind of lease or written agreement regarding your ownership and rights of possession and responsibilities for payment to third parties like banks, other than the deed and mortgage. You could ask this person to quitclaim their interest to you and you'd agree to pay their share of the mortgage and other carrying charges and perhaps the bank would agree to...

    6 lawyers agreed with this answer

  9. The United State Supreme Court usually hears cases regarding: a)Labor matters b)civil matters c) Constitutional matters d)bothAB

    Answered about 1 month ago.

    1. Eric Edward Rothstein
    2. Craig A. Post
    3. Anthony A. Ferrante
    4. Rixon Charles Rafter III
    5. Jack Richard Lebowitz
    6. ···
    7 attorney answers

    The answer is here: http://bit.ly/ZVRkHe (Like so many questions on Avvo)

    6 lawyers agreed with this answer

  10. I would like to know how i proclaimed won the case

    Answered about 1 month ago.

    1. Anthony A. Ferrante
    2. Eric Edward Rothstein
    3. Jack Richard Lebowitz
    4. Matthew C Simon
    5. Rixon Charles Rafter III
    6. ···
    7 attorney answers

    Use the spellcheck feature in Word.

    6 lawyers agreed with this answer

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