Jack Richard Lebowitz’s Answers

Jack Richard Lebowitz

Glens Falls Litigation Lawyer.

Contributor Level 18
  1. I filed the summons and complaint

    Answered almost 2 years ago.

    1. Jack Richard Lebowitz
    2. David Alexander Browde
    3. Anthony A. Ferrante
    4. Jeffrey Bruce Gold
    4 lawyer answers

    I take it you are appearing pro se and being the lawyer for yourself and asking: do I have to have another person (not a party) over the age of 18 personally serve the motion papers or can I do it myself by mail? The answer is you can serve the papers by mail on the defendant if he is appearing pro se as well or on his attorney if he has retained counsel. You don't need a process server like the Summons and Complaint. For methods of service of motion papers on his attorney if he has one...

    7 lawyers agreed with this answer

  2. How do I change the title on a multi party deed to a home with no mortgage or liens located in Brooklyn, NY?

    Answered almost 2 years ago.

    1. Noah D. Cohen
    2. Jack Richard Lebowitz
    3. Jayson Lutzky
    4. Vincent J. Gallo
    5. Michael David Siegel
    5 lawyer answers

    Yes, you can achieve this result, but it has to be done through the probate process if your mother's name was on the deed when she died. This would be done by the Executor of the estate who was granted the powers to do that by the Surrogates Court, either by Letters Testamentary if she died with a will and named her children as beneficiaries, or Letters of Administration if she died without a will and the property goes to her next of kin as specified by "default" estate law principles.

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  3. How do I work with my lawyer to be sure they are going to give me the best representation?

    Answered 11 months ago.

    1. Jack Richard Lebowitz
    2. Jason Todd Studinski
    3. Tracy Neil Tool
    3 lawyer answers

    A few things off the top of my head: 1. Try to be objective and view the dispute, as the lawyer does, as a story with "two sides" and a neutral person in the middle, a judge, trying to make a decision. I often have clients that are totally convinced they are right, and don't see the risks, uncertainties and downsides of putting a decision in someone else's hands. When I tell them they have a difficult case and should consider mediation or a "Solomonic" settlement, they often incorrectly...

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  4. Are privately owned freshwater wetlands in California protected by any laws/regulations from development?

    Answered over 1 year ago.

    1. Jack Richard Lebowitz
    2. David Herman Hirsch
    3. Shawn B Alexander
    3 lawyer answers

    Usually, all wetlands are protected by federal law, administered by the Army Corps of Engineers, which prevents filling or dredging for development without a permit. There may also be state laws and permits required as well (as there are in NYS). It doesn't matter whether the land is publicly or privately owned. Sometimes development is allowed, but usually there is a requirement that you replace the wetlands there or at another site with a larger area of wetlands, so there is "no net loss"...

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  5. Is it legal for a Lawyer to charge me $300.00 but on paper is charging $400.00 to cheat the system?

    Answered 11 months ago.

    1. Sagar P. Parikh
    2. Jack Richard Lebowitz
    3. Michael Raymond Daymude
    4. Jason Malone Ferguson
    5. Roger Stone Reynolds
    6. ···
    6 lawyer answers

    No it doesn't sound terribly ethical if your bill shows something more than you are really paying and the intent is to shift the fees to the other side if you prevail. Not sure about firing the lawyer and reporting him, though. Why don't you have a heart to heart talk with him and tell him it makes you uncomfortable and see how he/she responds before deciding what to do. Do you think he/she is otherwise doing a good job for you? If the money is getting billed to a public authority (assigned...

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  6. Do I need consent letter from my husband to renew my son's passport? but my husband abandoned us more than 2 years. what to do?

    Answered over 1 year ago.

    1. Jack Richard Lebowitz
    2. Jayson Lutzky
    3. Peter Christopher Lomtevas
    3 lawyer answers

    According to the US Department of State website, both parents must usually sign a consent for a minor to have a passport and physically appear before an agent. However, in a situation like yours, it may be possible for one parent with sole legal custody to appear. See this website, http://travel.state.gov/passport/get/minors/minors_834.html and scroll down to near the bottom where it says "One parent with sole legal custody must...." and read the requirements. To get sole legal custody you...

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  7. Question on Plain View Doctrine and Lawfully Present in NYS.

    Answered over 1 year ago.

    1. Jack Richard Lebowitz
    2. Steven Warren Smollens
    3. Edwin Drantivy
    3 lawyer 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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  8. How do i prove parental alienation in court , when the children live with me ?

    Answered over 1 year ago.

    1. Jack Richard Lebowitz
    2. Alexander Joseph Segal
    3. Louis Lawrence Sternberg
    4. Morghan L Richardson
    4 lawyer 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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  9. Why can't police officer's take money in new york state?

    Answered almost 2 years ago.

    1. Jack Richard Lebowitz
    2. Joseph A Lo Piccolo
    3. John Albert Abom
    4. Eric Edward Rothstein
    4 lawyer answers

    Because it could be construed as bribery of a public official and is per se unlawful under Section 75 of the state Public Officers Law. Here's an excerpt from a recent report concerning some golf junkets improperly taken by safety inspectors from the Public Service Commission (where I used to work as a utility regulator, and this lapse in integrity surprised me, but there are "bad apples" in every barrel): "Prior to 2007, Public Officers Law section 73 (5) proscribed state employees from...

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  10. Do I have the right to be present in court at the time a conference of my case is held?

    Answered 6 months ago.

    1. Michael Byk
    2. Jack Richard Lebowitz
    3. David Alexander Browde
    4. Eric Edward Rothstein
    4 lawyer answers

    No, typically clients and other parties do not attend conferences with the Judge or his law clerks. Only attorneys for the parties do that. So, no you have no "right to be present in Court", or more properly, you have a right to be present at the Courthouse, just not in the Judge's chambers with your and the other attorneys present. While you don't say what kind of case this is, typically the judges don't make the decisions or act based entirely on prejudice or bias. There is usually...

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