Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I need your help! I am currently a NYS licensed childcare

Customer Question
My name is ***** *****...
My name is ***** ***** I need your help!
I am currently a NYS licensed childcare provider for 16 years. A non contractual parent alleged that my daycare does not have competent supervision. This is misleading and is costing me potential clients. After thorough investigation by the Office of Children and Family Services (O.C.F.S), the allegation was unsubstantiated but O.C.F.S posted it to their website anyway. They intend to keep the post up for the next 2 YEARS! Is this legal? What can I do about this unsubstantiated allegation that is posted on the website. It is damaging my livelihood. I've written to the commissioner of O.C.F.S and my letter was ignored. Can you please help me?
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 19 minutes by:
7/10/2016
Lawyer: CalAttorney2, Attorney replied 1 year ago
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

You are absolutely right, there should not be a posting because there was no violation (OCFS posts violations, not complaints, for 2 years).

However, the way to go about dealing with this issue is much more complex (OCFS is one of those bureaucratic organizations that does not have an appeals process identified to deal with an improper posting), and you have already tried reasonable measures to get them to remove this.

Your best option here (and I say this understanding people do not come to the site to be told "go hire a lawyer") is to retain a local attorney to represent you before the OCSF. This should not be a very expensive representation - you really are just retaining them to provide you some additional leverage so that they will stop bullying you (you are not hiring them to engage in a long drawn out litigation process) the goal is to get your business back to being profitable, so this should be viewed as an investment. Unfortunately you cannot recover these expenses or the money lost due to OCFS' improper posting.

You can find local general practice (or better yet "administrative law") attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Ask Your Own Legal Question
Customer reply replied 1 year ago
Thanks William.
I am reaching out to you again because I cannot afford representation. I have not received a response to my letter to the Commissioner 2 months ago requesting the removal of their post. How can I ensure that a lawyer can cause them to remove the post? Do you have a sample letter with ideas of how to communicate to them? Is their action considered libel against me and or my business? How can I let them know that they are being vague concerning "violations and complaints"
Thanks
Sandria
Lawyer: CalAttorney2, Attorney replied 1 year ago

Dear Customer,

You will want to contact a local Administrative Law Attorney - the reason is that they will have a better idea of who exactly to direct the complaint against than I can offer you in a "general information" forum.

As I noted above, the OCFS is not interpreting their code properly, but there isn't an administrative appeal process in place to deal with it.

Your remedy is to file a lawsuit against them for breach of the administrative procedure act - but this isn't going to compensate you for anything (I understand that money is a significant factor, and I don't want to send you off to spend a huge sum of money on a lawsuit that will not be concluded until after the 2 years has already passed).

The goal with hiring a local attorney is that hopefully they will already be in touch with (or know) the individuals at issue - you can improve your chances of finding the right attorney by screening them upfront - start by looking for administrative law attorneys (they do not even have to be in your same community - they can be anywhere in the state of NY - usually these attorneys/firms tend to be in the state capitol, so look in the Albany region)

When you contact the firm ask if they have recent work/experience with OCFS - this will let you know how good their familiarity/contact is with the agency.

You are then going to rely on that attorney to make a few phone calls or write a letter or two on your behalf. (This should limit how much is spent on legal fees).

Tell the attorney upfront how much you have available to spend.

(The state is not going to be liable to you for libel or any other defamation/interference with potential economic advantage claims).

Ask Your Own Legal Question
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: Civil litigation attorney for individuals and businesses.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
How can an indigent inmate get representation during a
How can an indigent inmate get representation during a divorce? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
Is it required that a written representation agreement or
Is it required that a written representation agreement or fee agreement be signed by a client when they work with a lawyer? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
This is a question for a litigation lawyer. my question is i
This is a question for a litigation lawyer. Hi my question is i have a open lawsuit with the city DEP my business was in the sandy storm and lost a lot of our merchandise. It was an online business. T… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
If suing someone for defamation or for damages related to
If suing someone for defamation or for damages related to any action they may have taken that caused clear damage, if they don't have a lot of money - what are the options for seeking the money. With … read more
KLAW
KLAW
Juris Doctorate
1,773 satisfied customers
I need a few recommendations for trust breach litigation
I need a few recommendations for trust breach litigation representation in or near Aurora Illinois. Thank you … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,370 satisfied customers
Someone from the UK is threatening a defamation lawsuit over
Someone from the UK is threatening a defamation lawsuit over a youtube video in which nothing was said about this person. I live in the US. What is the jurisdiction? US or UK? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I was referred to your Legal Representation for Tenants from
I was referred to your Legal Representation for Tenants from Tenants Rights Group. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,183 satisfied customers
I'm being tortured and need legal representation for medical
I'm being tortured and need legal representation for medical malpractice, family law and civil rights and have no money. What should I Do? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,326 satisfied customers
If one commits defamation is there something one can do
If one commits defamation is there something one can do before anything is filed to reduce losing a house or 401m?… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,370 satisfied customers
I'm looking for legal representation for a bill collection
I'm looking for legal representation for a bill collection with AT&T where I say they old me a refund because the services they used was supposed to provide me was not provided to me which I still hav… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
I have a person that is defaming me on Facebook and other
I have a person that is defaming me on Facebook and other social media. It is a worry as it is affecting my career as an Aboriginal artist , this person who is doing this is an x lawyer and I feel is … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I've been serve with defamation of character. My Hoa
I've been serve with defamation of character. My Hoa president called me on the phone and told me that my 11 years old son tried to drown her son at the community pool in our neighborhood and told me … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I am looking for representation regarding a Company, Ditech,
I am looking for representation regarding a Company, Ditech, that I feel is harassing me. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
In a civil case when suing for defamation is it true that
In a civil case when suing for defamation is it true that Damages are presumed and need not be proven with evidence of actual damages? That damages pursuant to Defamation per se analysis? Can anyone e… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I am inquiring about international legal representation. and
I am inquiring about international legal representation. I am Canadian and have legal distribution rights in the Philippines. The manufacturer is in Germany and is threatening to open up partnership w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
In California, is it possible to file a defamation of
In California, is it possible to file a defamation of character claim against a place of business that files a police report alleging criminal threats, when one threatens to exercise their first amend… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Who are the best defamation lawyers in the Buffalo, NY area?
Who are the best defamation lawyers in the Buffalo, NY area? … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
I am looking to gain legal representation for CPS defamation
I am looking to gain legal representation for CPS defamation of character and filing accusations under false pretense … read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x