Skip to content

Law Office of Yuri Starikov, LLCLaw Office of Yuri Starikov, LLC

157-11 Rockaway Blvd., Suite 209, Jamaica, NY 11434 | yuri@starikovlaw.com | + 1 (347) 871 2759

  • Law Office of Yuri Starikov, LLC
  • About Us
  • Publications
  • Library
    • Legal Writing
    • New Jersey
      • Criminal Law
      • Vehicle and Traffic Law
    • New York
      • Appellate Practice
      • Consumer Debt
      • Contracts
      • Corporate Law
      • Criminal Law
      • Employment Law
      • Foreclosures
      • Landlord-Tenant
      • Real Estate Law
      • Uncontested Divorce
      • Vehicle and Traffic Law
    • Federal
      • Criminal Law
      • Customs & International Trade Law
      • Employment Law
      • Immigration Law
      • Tax Law
      • Trademark Law
Home > New York City
Published October 16, 2016 by Yuri Starikov

Judge or Hearing Officer?

Folks that receive “appearance ticket” may come to the part of the criminal court (e.g. part AR2 in Queens) where Judicial Hearing Officer (JHO), rather than the Criminal Court Judge will be presiding.  Court personnel would ask one to fill out consent to adjudication before a judicial hearing officer, such as Form CRC 3063-4.  Procedure and laws are the same as in other parts before judge, but pace is a bit faster.  Court attorneys, who assist judge, are very helpful in suggesting how to proceed, because of their regular presence in the courtroom before that judge.  Sometimes, however, the outcome before JHO may not be desirable for defendant.  For example, defendant may prefer to engage in the plea bargaining with assistant district attorney (ADA), who is probably not present in JHO’s courtroom, but is present in criminal judge’s courtroom.  This designed JHO-Judge system allows flexibility for defendant to present its case to JHO, but also to ask JHO for a transfer to criminal judge for hearing (e.g. part AP2 in Queens).  This should be a great news for the defendant who is in a tough spot and would like to explore plea bargaining possibilities before the trial with ADA.

Read More Judge or Hearing Officer?

Criminal Law

Diversion New York City

Published November 19, 2014 by Yuri Starikov

Failure to Release Some Criminal Defendants Solely for Immigration Reasons Violates U.S. Constitution

New York Supreme Court in Brooklyn considered the legality of practice by NYC Department of Corrections continued detention of defendants – based on a civil immigration detainer – notwithstanding the fact that defendant could be released for criminal charges.  People Ex Rel. Swenson v. Ponte, 2014 NY Slip Op 24304 (Oct. 15, 2014).  Interpreting law (8 U.S.C. § 1357(d)) and regulation (8 C.F.R. § 287.7) governing the use of immigration detainers, the Court concluded that the local law enforcement agency is not required to detain anyone.  Court cited NYC Administrative Code § 9-131 (“The department shall not honor a civil immigration detainer by: holding an individual beyond the time when such individual would otherwise be released from the department’s custody, except for such reasonable time as is necessary to conduct the search specified in paragraph two . . .”).  Acknowledging that NYC Administrative Code can give way (be preempted) by State and Federal laws, the Court went further to the Supreme Law of the Land.  Citing Fourth Amendment, Court began looking for probable cause.  Court found no probable cause to exist because (1) Department of Homeland Security (DHS) removal order; (2)  DHS’ reason to believe that a person is subject to removal;…

Read More Failure to Release Some Criminal Defendants Solely for Immigration Reasons Violates U.S. Constitution

Criminal Law Immigration Law

Immigration and Nationality Act New York City New York State U.S. Constitution U.S. Federal

Published September 25, 2014 by Yuri Starikov

NYC Human Rights Commission Opposes to Disability Protections By Association

New York City stands out from the rest of the country for its friendlier laws towards working people (i.e. those whose living depends on salaries and wages they receive in exchange labor).   New Yorkers have  NYC Commission on Human Rights that stands on guard and protects them against discrimination in employment based, among other things, on disability.  If employee who is living in New York City suffers from disability, then his or her employer must provide a reasonable accommodation (i.e. accommodation that does not overly burden the employer) to  that person.  NYC Hum. R. L. § 8-102(18) (defining “reasonable accommodation”); NYC Hum. R. L. § 8-107(15) (requiring reasonable accommodation to the needs of person with disabilities).  But what happens if your family or loved one becomes disabled such that you need to care for him or her?  Care requires both time and financial resources.  Income becomes more important and time to make that income becomes more scarce.  Need to care for your disabled friend may mean tardiness to work, early leaving, and increased absenteeism.  Employee with disabled friend frustrates the employer – usually a rational corporate entity – with focus on efficiency and profits.  “Naturally,” employer will look for…

Read More NYC Human Rights Commission Opposes to Disability Protections By Association

Employment Law

New York City New York City Human Rights Law

Published January 6, 2014 by Yuri Starikov

Affordable Care Act’s Transitional Reinsurance Program Fees: Who Pays?

An interesting practice by some of insurance industry members came to the attention of our office.  Affordable Care Act (also known as “Obamacare”) includes a provision, under § 1341 (see pp. 226-227), which mandates “insurance issuers, and third party administrators” to pay fees for a project called Transitional Reinsurance Program.  The fee is determined by the Department of Health and Human Services and is set to be $63 for 2014.  See 78 Fed. Reg. 15,410, 15460 (March 11, 2013).  While Congress specified the parties who pay the transitional reinsurance fee – insurance issuers, and third party administrators – the ambiguity still remains as to whether the insurance issuers, and third party administrators can shift that fee on others (as opposed to coming up with the funds from their own corporate coffers and bringing less value to their shareholders).  A letter addressed by one such member of insurance business community suggests that fee shifting is an option.  Below is a partial reproduction of the letter (with specific identities being redacted): 2014 Affordable Care Act (ACA) Fee Notice Dear Jane Doe, As part of the Affordable Care Act (ACA) new fees will impact you beginning January 1, 2014.  These new fees are…

Read More Affordable Care Act’s Transitional Reinsurance Program Fees: Who Pays?

Consumer Protection Law Contract Law Criminal Law Health Law

Affordable Care Act New York City New York State U.S. Federal

Published December 7, 2011 by Yuri Starikov

Setting Bail in the New York City

NYCLA’s Criminal Justice Section had an interesting presentation about bail system in the New York City on December 8, 2011.  According to one of the panelist, Mary Phillips, the monetary bail requirement does have a statistically significant effect on the defendants, making certain that they return to court for further proceedings.  The monetary amount of bail, however, has a lesser significance.  Mary Phillips report is available here. Additionally, it was noted at the meeting, that only two of nine authorized type of bonds are commonly used: cash and insurance company bond.  One of the suggested reasons was the lack of judicial and administrative familiarity of personnel with other types of bonds.  The nine types of bonds (see N.Y. CPL. LAW § 520.10.) are: (a) Cash bail. (b) An insurance company bail bond (c) A secured surety bond. (d) A secured appearance bond. (e) A partially secured surety bond. (f) A partially secured appearance bond. (g) An unsecured surety bond. (h) An unsecured appearance bond. (i)  Credit  card. Other useful things to keep in mind when filing application or arguing a bond amount are: Purpose and the criteria of the bond.  N.Y. CPL. LAW § 510.30.  As well as, inability to…

Read More Setting Bail in the New York City

Criminal Law

Bail New York City New York State

Featuring Our Latest Video (Full Video Library at Vimeo.com/StarikovLaw)

https://vimeo.com/491866850?loop=0

Events

CUSTOMS BROKER LICENSE EXAM PREPARATION CLASSES for April 2021 Exam: January 7, 2021-March25, 2021.

Registration is Open at LawCustoms Store. Class details are available at Live Classes Page.

PUBLICATION CATEGORIES

  • Administrative Law
  • Consumer Protection Law
  • Contract Law
  • Corporate Law
  • Criminal Law
  • Employment Law
  • Health Law
  • Immigration Law
  • International Trade Law
  • Landlord-Tenant Law
  • Legal Profession
  • Tax Law
  • Training & Development

TOPICS & DISCUSSIONS

15 NYCRR 122 22 NYCRR 208 Affordable Care Act Antitrust Arbitration Bail CARES Act COVID-19 CPL 1.20 CPL 100.10 CPL 100.25 CPL 100.40 CPL 150.10 CPL 170.30 CPL 170.35 CPL 170.55 CPLR 213 CPLR 317 CPLR 3211 CPLR 3215 CPLR 5015 CPLR 6301 CPLR 6311 Diversion FOIA ICC Termination Act of 1995 Immigration and Nationality Act New Jersey State New York City New York City Human Rights Law New York State NYPL 15.15 NYPL 140.35 NYPL 145.00 NYPL 155.25 RPAPL 715 RPL 231 Rules of Professional Conduct Sentencing U.S. Constitution U.S. Federal UNIDROIT VTL 511 VTL 512 VTL 1807

Law Office of Yuri Starikov, LLC

157-11 Rockaway Blvd., Suite 209, Jamaica, NY 11434 | yuri@starikovlaw.com | + 1 (347) 871 2759

Subscribe to Publications & Newsletters

Loading

Disclaimer, Copyright and Licensing Terms

LEGAL DISCLAIMER
All postings on this website should not be treated as a legal advice. The information may be outdated and may reflect views that are different from the position of government officials or other persons. Certain statements may be construed as "Attorney Advertising." Prior results do not guarantee a similar outcome.

COPYRIGHT
Except as otherwise noted, information on this website was written by Law Office of Yuri Starikov, LLC. The Office retains the copyright to its writings.

LICENSING
UNLESS SPECIFIED OTHERIWISE, you may use Law Office of Yuri Starikov, LLC online publications subject to terms under Creative Commons Attribution 4.0 International License. Under the license terms, you may use our Office web publications as you see fit, so long as you identify Law Office of Yuri Starikov, LLC as the source.

Creative Commons License

USEFUL LINKS

  • Federal Register
  • FindLaw
  • Google Scholar
  • Laws of New York
  • Public Library of Law
© 2020 Law Office of Yuri Starikov, LLC