Calabrese Law Firm, PLLC

People accused of a crime no longer have to wait to review evidence the prosecution intends to use against them.

Recent changes to Bail Reform in New York. A must-read!

Retaliation by a Landlord Against a Tenant Real Property Law 223-b prevents a landlord from bringing an action or eviction proceeding (i.e., retaliating) in response to a tenant’s invocation of any rights arising from, but not limited to, the lease, any health or safety law, or for the enforcement of the warranty of habitability. The landlord is also prevented from retaliating by substantially altering the terms of the tenancy. Substantial alteration includes refusing to co...ntinue a tenancy upon expiration of the lease. When a landlord has violated the provisions of Real Property Law 223-b, the tenant can commence a civil action against the landlord for damages, attorney’s fees, and costs. The tenant can also seek injunctive and other equitable remedies. Real Property Law 223-b applies to all rental residential premises except owner-occupied dwellings with less than four units. Real Property Law 235-d, which deals specifically with harassment by a landlord against a tenant, only applies to cities with a population of one million or more. If you need legal assistance regarding landlord/tenant matters in the Albany County or the Greater Capital District, contact the Calabrese Law Firm at 518-350-7480 for a free consultation.

DMV Driver Violation Point System When you get pulled over and receive a traffic ticket, one of your concerns may be how many points you’ll get if you are convicted of the traffic violation. Initially, you should know that the point total on your driver abstract is based upon the date you received the ticket, not the date you pled guilty or were convicted. Moreover, that the point total on your driver abstract only includes the points received on violations that occurred in ...the last 18 months. According to the New York Department of Motor Vehicles, points are assigned as follows: Speeding (Over 40 MPH over posted limit) [11] Speeding (31 to 40 MPH over posted limit) [8] Speeding (21 to 30 MPH over posted limit) [6] Reckless Driving [5] Failed to Stop for School Bus [5] Railroad Crossing Violation [5] Improper Cell Phone Use [5] Use of Portable Electronic Device [5] Speeding (11 to 20 MPH over posted limit) [4] Followed too Closely [4] Inadequate Brakes (private car) [4] Speeding (1 to 10 MPH over posted limit) [3] Failed to Yield Right-of-Way [3] Improper Passing, Changing Lane Unsafely [3] Driving Left of Center, In Wrong Direction [3] Leaving Scene of Property Damage Incident [3] Child Safety Restraint Violation [3] Any other moving violation [2] If you get 11 points in 18 months, the New York DMV may suspend your driver license. If you get 6 or more points in 18 months, the New York DMV will penalize you with a driver responsibility assessment in the amount of $300 or greater. Your insurance company may also increase your premiums if you are convicted of a traffic violation that carries points. If you’ve been issued a traffic ticket in Albany County or the Greater Capital District, then contact the Calabrese Law Firm at 518-350-7480 for a free consultation.

Security Deposit Return - Albany and the Greater Capital District In 2019, the law surrounding the return of security deposits was amended. These changes can be found in New York General Obligations Law 7-108. After the lease is signed but before the tenant moves in, the landlord must offer the tenant the opportunity to inspect the premises with the landlord (or his/her agent) to determine the condition of the property. If the tenant opts for the inspection, then the landlo...Continue reading

As I mentioned, I am an attorney but my wife is a dedicated scientist at Regeneron Biopharmaceuticals. Regeneron is rolling out clinical trials as a prophylaxis drug . On a side note, if anyone in the Albany, NY or Greater Capital Region needs criminal or civil legal assistance, call 518-350-7480 Please be safe everyone!

How have vehicle and traffic laws changed? Click to find out! The Calabrese Law Firm is up-to-date.

Supreme Court has unlimited, original jurisdiction. Supreme Court will generally hear cases that are outside of the jurisdiction of the other courts. County Court has jurisdiction to hear both civil and criminal matters. County Court has jurisdiction over criminal cases, which includes indicted felonies and lesser offenses. County Court has limited jurisdiction in civil cases seeking monetary awards up to $25,000. County Court is also an intermediate appellate court, which m...eans it has jurisdiction over civil and criminal appeals from the City, Town, and Village Courts within the County. City Court has jurisdiction to hear both civil and criminal matters. City Court has jurisdiction over criminal cases prosecuting misdemeanors and violations. City Court has jurisdiction in civil cases seeking monetary awards up to $15,000. City Court also has a small claims part. The small claims part has jurisdiction over civil cases with disputed amounts up to $5,000. City Court also has jurisdiction over evictions, vehicle and traffic matters, and violations of City laws or ordinances. Town and Village Courts have jurisdiction over criminal and civil matters. These Courts have jurisdiction over criminal cases prosecuting misdemeanors and violations and jurisdiction over civil cases seeking monetary awards up to $3,000. Town and Village Courts also have jurisdiction over evictions, small claims, vehicle and traffic matters, and violations of Town or Village laws or ordinances. If you’ve received a court summons in Albany County or the Greater Capital District, then contact the Calabrese Law Firm at 518-350-7480 for a free consultation.

SEEKING JUSTICE for a family - Failure to disclose psychological records created a situation where their older adopted child sexually abused their younger biological child. Oral argument before the Appellate Division, Fourth Department. Does a foster/adoption agency have a duty to the biological children of foster or adoptive parents to disclose to the parents the medical and psychological records of the foster or adopted child?

Vehicle & Traffic Law Infractions - Criminal Justice Reform 2019 Criminal Procedure Law 30.30, New York’s speedy trial statute, has been amended and the changes will be effective January 1, 2020. An individual can now have his Vehicle & Traffic Law infraction dismissed on statutory speedy trial grounds. So, for example, where the prosecutor is not ready for trial on a non-criminal offense under the Vehicle & Traffic Law within thirty days, then the accused can move for dis...missal under Criminal Procedure Law 30.30(1)(e). An individual can now appeal from the denial of a motion to dismiss pursuant to Criminal Procedure Law 30.30(1) even if that person entered a guilty plea. In other words, an individual does not lose his ability to appeal the denial of his/her speedy trial motion when he/she pleads guilty. This rule has been codified in a new subsection (6) of Criminal Procedure Law 30.30. The law surrounding a prosecutor’s ability to declare their readiness for trial has also changed. Subsection (5) of Criminal Procedure Law 30.30 has been amended to read: Whenever . . . a prosecutor states or otherwise provides notice that the people are ready for trial, the court shall make inquiry on the record as to their actual readiness. If after conducing its inquiry, the court determines that the people are not ready to proceed to trial, the prosecutor’s statement or notice of readiness shall not be valid . . . It continues by requiring any statement or trial readiness to be accompanied or preceded by a certification of good faith compliance with the new disclosure requirements of Criminal Procedure Law 245.20. Moreover, it provides the defense with the opportunity to be heard on the record as to whether the disclosure requirements have been met.