Rory M. Alarcon’s Answers

Rory M. Alarcon

Ronkonkoma General Practice Lawyer.

Contributor Level 12
  1. If your ex delays signing papers what can you do to speed things up in NY

    Answered about 1 year ago.

    1. David Alexander Browde
    2. Howard E. Knispel
    3. Jeffrey B. Peltz
    4. Rory M. Alarcon
    5. Jayson Lutzky
    5 lawyer answers

    This depends upon where you are at in the process: If you have not filed and RJI, do so, but if you have signed all papers on your end and no papers were filed by your husband, you may want to see he is not IN DEFAULT for answer. If he is, you may be able to move forward without his approval, but would still need the RJI filed.

    5 lawyers agreed with this answer

  2. Non custodial parent rights

    Answered about 1 year ago.

    1. Lourdes Pilar Rosario
    2. Mary Katherine Brown
    3. Rory M. Alarcon
    4. David Ivan Bliven
    5. Matthew Thomas Majeski
    6. ···
    6 lawyer answers

    You can bring this to the attention of the court to enforce the terms of your agreement. It does sound like things are possibly in litigation already. If so, you can ask for such medical records as part of discovery.

    5 lawyers agreed with this answer

  3. Landlord tenant eviction nonpayment issue

    Answered about 1 year ago.

    1. Rory M. Alarcon
    2. Bruno Patrick Bianchi
    3. Steven Warren Smollens
    3 lawyer answers

    Yes, the forms could be different, but this may be due to WHO is making the allegations. I imagine that if your friend brought the petition in their name and your name was not on the papers, then the papers you have would suffice. You can try Lexis Nexis or Westlaw for forms. If not, see if the Kings County Law Library has materials.

    4 lawyers agreed with this answer

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  4. Do I have to move out?

    Answered about 1 year ago.

    1. Bruno Patrick Bianchi
    2. Rory M. Alarcon
    3. Edwin Drantivy
    3 lawyer answers

    Mr. Bianchi is entirely correct. One thing I should add though is that you should not wait until your time has expired to seek such relief. Another thing is that it may be hard to demonstrate that you are seeking another apartment unless you can show paperwork of your 'search' (i.e. advertisements, rental applications, etc.)

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  5. Can I go to small claims crt for bad workmanship performed 10 years ago?

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Rory M. Alarcon
    3. Jayson Lutzky
    3 lawyer answers

    You are time-barred unless there is a written warranty on the roofing materials or the work itself. Find any papers you can regarding the job, as it may save your claim.

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  6. I have recived a thirty day notice to quit

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Rory M. Alarcon
    3. Jayson Lutzky
    4. Peter J Weinman
    4 lawyer answers

    I would certainly refer to the terms of the lease agreement that you signed with the "Owner", as it sounds suspicious that you would not have one or more written agreements regarding your occupancy. You should eventually be served with a Petition for your Eviction, but you must appear in Housing Court and argue against the eviction and the fact that you should be at least be compensated for the expenses you paid / improvements made to the property. DO NOT miss any appearances before the...

    4 lawyers agreed with this answer

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  7. Can father get custody of a child who he has not seen regularly?

    Answered about 1 year ago.

    1. Rory M. Alarcon
    2. Louis Lawrence Sternberg
    3. Jayson Lutzky
    4. David Ivan Bliven
    4 lawyer answers

    First and foremost speak with an attorney in your area. If your child is in danger, you will need to report the danger to Child Protective Services, but even in that case, I advise you to speak with counsel first. While I cannot say for certain (as there are other factors at play), waiting will not help matters. Whether a public attorney is "good enough" is your decision. I believe that most are fantastic, but limited due to a large amount of clients but little funding or time.

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  8. The prospect of retiring is bleak because of the obligation of child support and retirement allowance to my ex-wife leaves me...

    Answered over 1 year ago.

    1. Rory M. Alarcon
    2. Howard E. Knispel
    3. Marco Caviglia
    4. Jayson Lutzky
    5. Morghan L Richardson
    5 lawyer answers

    Agreed. The court will always act in the best interests of your children unless you can prove a substantial and unexpected change in your financial circumstances. Voluntary retirement is a choice, so the court will not want to reduce your child support for that reason.

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  9. Mother died a month ago had no will, had no assets or debt.Want copy of her medical report can I get it?I was her sole provider.

    Answered about 1 year ago.

    1. Rory M. Alarcon
    2. Jayson Lutzky
    3. Charles Adam Shultz
    4. Celia R Reed
    4 lawyer answers

    You will have to file to be administrator of your mother's estate through the Surrogate's Court. The petition may be obtained through the NY Unified Court System website.

    4 lawyers agreed with this answer

  10. What are the chances of receiving spousal maint on top of child support if I also work full time and make about $30,000 less

    Answered about 1 year ago.

    1. Rory M. Alarcon
    2. Jayson Lutzky
    3. Jay Bodzin
    3 lawyer answers

    OK, much more information needed here, because there are many factors considered in determining spousal maintenance awards: (1) the income and property of the respective parties including marital property distributed pursuant to subdivision five of this part; (2) the length of the marriage; (3) the age and health of both parties; (4) the present and future earning capacity of both parties; (5) the need of one party to incur education or training expenses; (6) the existence and duration...

    4 lawyers agreed with this answer