Archive for the ‘Rochester Legal Resources & News’ Category

How to Obtain Rochester, NY Birth and Death Records

Monday, October 19th, 2009

Rochester and Monroe County, New York records can be obtained from the Monroe County Office of Vital records at 111 Westfall Rd., Rm. 147, P.O. Box 92832, Rochester, NY 14692 .Phone: 585 753-5141.Fax: 585 753-5961. Hours are 8:30 a.m. – 4:30 p.m. (Monday through Friday)

Birth Certificate: You may obtain your own record. However, only parents-of-record or a legal guardian with a court order may obtain someone else’s record. All others must present a notarized letter of permission from an authorized person.

Death Certificate: Only a surviving spouse, parent, child or attorney for the deceased or someone making a claim against the deceased is automatically entitled to a death certificate. All others must provide documentation of need for the record or present a notarized letter of permission from an authorized person.

Certified Copies (with Raised Seal) of Birth or Death Records can be obtained either in person, by mail, via the Internet or over the phone using a credit card. In-person requests require that an application form be completed and proper ID presented (driver’s license, work or school photo ID).

To request a Birth Certificate by mail, include the following information in your letter:

• Birth name, date and place of birth
• Father’s name and mother’s maiden name
• Your relationship to the person of birth
• What the record is needed for
• $30 (per copy) check or money order, payable to “Monroe County. “

To request a Death Certificate by mail, include the following information in your letter:

• Decedent’s name, date and place of death
• Your relationship to the decedent
• What the record is needed for
• $30 (per copy) check or money order, payable to “Monroe County.”

Requests for a Birth or Death certificate by telephone from an authorized person, using a major credit card, can be placed by calling 585 427-2412. There is an additional $6 processing fee per order for this service.

To order a Birth or Death certificate online, visit Monroe County Vital Records. http://www.vitalchek.com/monroe-county-express-vital-records.aspx

If you need Genealogical records, download the following documents or contact our office at 585 753-5137 to obtain our Genealogical Application Package.

• Genealogical Application Form (38k PDF) http://www.monroecounty.gov/p/health-GeneaologicalResearch.pdf

• Genealogical Information Sheet (43k PDF) http://www.monroecounty.gov/p/health-GenealogicalResearchInstructions.pdf

FREE ROCHESTER NY LEGAL FORMS

Wednesday, October 7th, 2009

The WNY-Lawyers.com website now has links to these twenty-five free Rochester, NY and Monroe County real estate forms:

Rochester NY Curfew Law Is Unconstitutional

Wednesday, September 23rd, 2009

In response to the murder of three minors, the City Council of Rochester, New York passed a curfew ordinance. The New York Court of Appeals ruled that the juvenile nighttime curfew violated the Federal and New York State Constitutional rights of minors, as well as their parents.

Under the curfew, it is unlawful for minors to be in any public place between 11:00 p.m. and 5:00 a.m., except on Friday and Saturday between 12:00 midnight and 5:00 a.m. A minor is defined as a person under the age of 17, except if married or legally emancipated.

The curfew provided for exceptions if the minor was: accompanied by his or her parent, guardian, or other responsible adult; engaged in a lawful employment activity or was going to or returning home from his or her place of employment; involved in an emergency situation; going to, attending, or returning home from an official school, religious or other recreational activity sponsored and/or supervised by a public entity or a civic organization; in the public place for the specific purpose of exercising fundamental rights such as freedom of speech or religion or the right of assembly protected by the First Amendment of the United States Constitution or Article I of the Constitution of the State of New York, as opposed to generalized social association with others; or engaged in interstate travel.

The court concluded that the crime statistics produced by the City of Rochester do not support the objectives of its curfew. Minors are 64% to 160% more likely to be a crime victim on Saturdays and Sundays than on weekdays.

These statistics and other facts showed an obvious disconnect between crime statistics and the nighttime curfew. No effort was made by the City of Rochester to ensure that the population targeted by the ordinance represented that part of the population that was either causing trouble or being victimized.

In addition to violating the rights of minors, the curfew violated the due process rights of parents. An exception allowing for parental consent to the activities of minors during curfew hours is of paramount importance to the due process rights of parents. Although the law allowed parents to permit their minor children to be out after curfew, it also required that the parent accompany the minor child.

The New York Court of Appeals stated that if a parental consent exception were included in this curfew, it would be a closer case. Courts have upheld curfews having, among other things, such an exception as only minimally intrusive upon the parent’s due process rights. Yet, the Court found that parental consent which also requires parental custody is more of an intrusion upon parental rights than is permissible.

NINE FREE ROCHESTER LEGAL SERVICES (PART II of II)

Wednesday, August 5th, 2009

5) MENTAL HYGIENE LEGAL SERVICE (STATE OF NEW YORK)

Representation without charge to persons in OMH and OMRDD certified inpatient and community residence beds who need legal advice or assistance concerning their care, treatment, institutionalization and/or placement. MHLS advocacy includes: rights concerning commitment and administration of medication; investigation of reports of abuse and neglect; and guardianship (MHL Article 81 and SCPA articles 17 and 17A). Concentration in Mental Hygiene Law; Criminal Procedure Law and Corrections Law.
(585) 530-3050
http://www.courts.state.ny.us/ad4/mhls/

6) MONROE COUNTY LEGAL ASSISTANCE CENTER

Legal advice, representation, brief service, community outreach and education, referrals in civil matters. Representation in local, state and federal courts and agencies. Concentrating in Public benefits; public assistance; food stamps; Medicaid; housing including utility shut-offs; elder law issues; fair housing enforcement. Monroe County residents with income less than 125% of poverty guidelines (some exceptions when large bills or expenses).
(585) 325-2520 or 325-2547
www.mclac.com

7) NEW YORK CIVIL LIBERTIES UNION

Legal advice and representation in selected cases by a panel of volunteer lawyers concentrating in civil liberty issues. No income limits.
(585) 454-4334
www.gvclu.org

8. MONROE COUNTY PUBLIC DEFENDER’S OFFICE

Court-appointed lawyers represent defendants in criminal cases and on appeal in NYS courts. Representation of respondents in certain Family Court matters, such as neglect, child abuse and paternity cases for persons unable to afford private representation according to Monroe County Bar Association eligibility guidelines. (585) 428-5210
www.mcacp.org

9) VOLUNTEER LEGAL SERVICES PROJECT OF MONROE COUNTY

Representation, advice & brief service for low income clients in civil matters by volunteer private attorneys. No criminal, traffic, workers’ compensation or fee-generating cases. Debt collection advice clinic, clinic to assist petitioners fill out Family Court petitions, and clinic to help people prepare divorce paperwork. Services are free but clients expected to pay costs and fees related to their cases.

Concentrating in: Family Law, Social Security/SSI, Landlord-tenant, Consumer, Bankruptcy, Tort defense, Real property, Unemployment insurance benefits, Probate & Estate administration, Employment, Tax and other miscellaneous cases. Income limits based on federal poverty index. Assets guidelines are applied.
(585) 232-3051
www.vlsprochester.org

FREE ROCHESTER NY LEGAL SERVICES (PART I of II)

Monday, July 27th, 2009

The following nine agencies provide free legal services in the Rochester, NY area  for those who meet their eligibility requirements:

1) THE ADVOCACY CENTER  Individual advocacy, legal information, referrals, newsletters and workshops for persons in Western New York with developmental disabilities and their families. Must be a person or a family member of one with developmental disabilities or a traumatic brain injury.
(585) 546-1700.
www.advocacycenter.com

2) EMPIRE JUSTICE CENTER:  Legal advice and representation for low-income people on civil matters:

  • Supplemental Security Income (SSI) – eligibility for benefits.
  • Fair Lending (nondiscrimination in credit).
  • Fair Housing
  • Special Education.
  • Public Benefits Litigation (cash assistance, food stamps, Medicaid, Child care).
  • Disability Rights.
  • Public and Subsidized Housing Litigation.
  • Health Law (access to health care).
  • Public Benefits for families affected by HIV disease.

Eligibility generally is income below 185% of poverty index.  There are some exceptions for special grants.
(585) 530-3050.
TTY: 585-325-0247.
http://www.empirejustice.org/

3) FARMWORKER LEGAL SERVICES OF NEW YORK, INC.

Legal representation, education and litigation only for indigent migrant and seasonal farm workers concentrating in Labor Law and Civil Rights.
(585) 325-3050.
www.flsny.org

4) LEGAL AID SOCIETY OF ROCHESTER, NEW YORK

Civil legal services in Monroe County and several surrounding counties, including: legal information and/or referral; technical assistance; and representation in court. The Civil Legal Services Unit is for Monroe County only, unless otherwise noted.

The Family Law Unit is for Domestic Violence in Monroe and Orleans Counties.

Child Support Limited Means Hispanic Outreach.

The Housing Unit is for Tenant Advocacy Owner/Tenant Mediation.

The Children’s Unit does Youth Advocacy in Monroe, Orleans, Genesee and Livingston Counties. The

General Law Unit handles immigration in Monroe, Wayne, Orleans, Livingston, Oswego, Niagara, Genesee and Steuben Counties.

Applicants must meet residency, income eligibility and program requirements.  Each program has individual guidelines.

(585) 232-4090
www.lasroc.org

If you should need legal guidance other than what is listed above, please see our Rochester Attorneys section on our website.