Jack Richard Lebowitz’s Answers

Jack Richard Lebowitz

Glens Falls Litigation Lawyer.

Contributor Level 18
  1. Countering a petition for guardianship of my two children petitioner lied

    Answered almost 2 years ago.

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

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can someone sue me if i give them if they only have my phone number? .

    Answered about 2 years ago.

    1. Jack Richard Lebowitz
    2. Jayson Lutzky
    3. Jeffrey Ira Schwimmer
    4. Michael J Palumbo
    5. Kenneth Lee LaBore
    6. ···
    6 lawyer answers

    Agree with Mr. Lutzky (as usual) and would add a couple other thoughts. You can be sued if they can find you, which they will probably be able to do, especially if the phone number is a landline or cable TV number rather than a cell phone. And even if it's a cell phone, as you can find from a google search, there are companies which will locate your name and address for a trivial amount of money, mostly based on the use of "data aggregators" such as credit scoring bureaus, or even the...

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    1 person marked this answer as helpful

  3. Do i need a lawyer for first offense misdemeanor (possession of cannabis)?

    Answered about 2 years ago.

    1. Jennifer Ann Jacobs
    2. Douglas Holbrook
    3. Christopher R Carney
    4. William A. Jones Jr.
    5. Asma Anwar
    6. ···
    9 lawyer answers

    An attorney can secure a better plea bargain for you, as well as evaluate whether you are eligible for relief that can largely mitigate the criminal charges, such as adjournments in contemplation of dismissal, youthful offender treatment, drug court diversion, sealing your records, certificates of relief from legal disabilities, etc. etc. It's probably well worth the costs, since the "collateral consequences" of a criminal conviction on later employment and civil rights can often exceed the...

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  4. Is custody and child support the same thing

    Answered over 1 year ago.

    1. Jack Richard Lebowitz
    2. Mary Katherine Brown
    3. David Zaslavsky
    4. Louis Lawrence Sternberg
    4 lawyer answers

    No, custody and support are different Family Court proceedings and involve different rules and standards. Generally, only the non-custodial parent pays support, which is mostly determined by a rigid "formula", usually about 17% of the NCP's income for one child. The support may either be paid privately or collected by the county/state through garnishing paychecks. They would have to take the money out of your paycheck and depending on how you are tipped out you might have to pay...

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  5. I have a property that is landlocked , I have been given tickets for code violations , is this legal ?

    Answered over 1 year ago.

    1. Jack Richard Lebowitz
    2. Marco Caviglia
    3. Michael C. Wild
    4. Ryan Vancil Esq
    4 lawyer answers

    The relationship between the two things you've mentioned is unclear. Does your local zoning ordinance require you to have access to a public highway/street either because you're abuttting a road or have an easement or private right of way though someone else's property to have a buildable lot or to allow for, say, emergency access or utilities? If so, you may need to purchase an easement from the neighboring parcel that's "landlocking" you or establish that such an easement may already...

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  6. I LOST MY GAY PARTNER AND THERE ARE ONLY TWO NAMES ON ORIGINAL 1973 DEED

    Answered about 2 years ago.

    1. Jack Richard Lebowitz
    2. Maria C. Tebano
    3. Steven Warren Smollens
    4. Yefim Rubinov
    4 lawyer answers

    Dear Jamaica, you (I assume) asked a very similar question a few minutes ago from "Brooklyn". Check the answers in both threads and be patient. It takes up to several days or even a week while questions are active on Avvo to get them seen by attorneys who have subscriptions and get answers and sometimes different advice and perpectives on your issue. Creating multiple threads on the same question actually hampers this process and confuses things. But the bottom line is still the same,...

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  7. In NYS are you properly served by "Nail and Mail".

    Answered about 1 month ago.

    1. Paul Karl Siepmann
    2. Jack Richard Lebowitz
    3. Jason Bay Zeigler
    4. Thomas Alan Holman
    4 lawyer answers

    As Mr. Siepman said, New York does have a "nail and mail" provision to serve a summons and complaint in a Supreme Court action, however, there may be preconditions such as a diligent attempt at personal service. As to the more critical question, if the prior divorce action and decree determined the issue of custody, it is most likely res judicata on that issue and it would be proper to move to dismiss in lieu of answering within the 30 day period from when service is complete (the mailing...

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  8. What is their legal right and what are their legal legs to stand on?

    Answered almost 2 years ago.

    1. Jack Richard Lebowitz
    1 lawyer answer

    Well, the only clear legal rights anyone has is that each neighbor could completely trim their jointly maintained hedge right to their surveyed property line, cutting the bush in half or some other fraction if need be. The result might not be aesthetically pleasing. In the situation you've described, it sounds like someone has completely removed a hegderow along the property line, both the neighbors "half" and the "someone's" half. The most expedient remedy would just simply be to...

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  9. My divorce papers say my daughter has to fly to me can i get that changed i wanted to drive to get her

    Answered almost 2 years ago.

    1. Mary Katherine Brown
    2. Jack Richard Lebowitz
    3. Jayson Lutzky
    4. Jay Bodzin
    5. James P Brady
    5 lawyer answers

    You don't say where your daughter is, but assuming that you are obligated to pay for the extra costs related to visitation, it shouldn't make much difference whether the travel mode is car rather than airplane. I'd assume that if the custodial parent (or the child) doesn't agree with this and consent, you can petition Family Court to allow the change in travel mode. Visitation is allowed and encouraged, this is clearly "your patenting time", so the mode of travel should not be a stumbling...

    7 lawyers agreed with this answer

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

    Answered almost 2 years ago.

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

    7 lawyers agreed with this answer

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