The Law Offices of Jon Michael Probstein

Since 1977, the Law Offices of Jon Michael Probstein has been representing and assisting people and businesses in all matters.

Admitted to practice in New York and the federal courts (Southern and Eastern District) as well as the Second Circuit Court of Appeals, Mr. Probstein is special counsel to law firms in Los Angeles and New York, as well as operating his own practice in Nassau County. In addition, he serves as a Part 137 Arbitrator on attorney/client fee disputes and as an Arbitrator in Small Claims, District Court, Nassau County. A qualified Part 36 Guardian, Attorney, etc. in Queens, Nassau and Suffolk Counties, he is also a registered attorney with the New York State Department of Labor for Unemployment Insurance claims and an accredited attorney for claims for veterans’ benefits before the United States Department of Veterans Affairs (VA). Mr. Probstein has performed pro bono work for the Volunteer Lawyers Project - Nassau/Suffolk Law Services, Inc., The Safe Center (formerly the Nassau County Coalition Against Domestic Violence) and the Nassau County Bar Association, where he is also a member of the Lawyers Assistance Program Committee and the recipient of the 2015 Thomas Maligno Pro Bono Attorney of the Year award. Currently, he is President of the Levittown Chamber of Commerce.

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→ Reservations are required by calling the Bar Association at 516-747-4070. Please bring any documents. Attorneys fluent in other languages are available upon request when reserving. All clinics are 3-6 p.m. and are held at the Nassau County Bar Association in Mineola twice a month. Call to make an appointment for the next scheduled clinic. →Please call NCBA for the scheduled dates for Free Legal Consultation…
In the New York Rules of Professional Conduct, Rule 8.3 provides, in pertinent part: “(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer shall report such knowledge to a tribunal or other authority empowered to investigate or act upon such violation. * * * * * (c) This Rule does…
Most interesting is that the court appointed a forensic but did not appoint an attorney for the child. Ambrose v Ambrose, 2019 NY Slip Op 07757, Decided on October 30, 2019, Appellate Division, Second Department: “In making an initial custody determination, the paramount consideration is the best interests of the child (see Eschbach v Eschbach, 56 NY2d 167, 171; Cravo v Diegel, 163 AD3d 920, 921). “In determining the child’s best interests, the court…
CPLR 306-b provides: “Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause shall be made within one hundred twenty days after the commencement of the action or proceeding, provided that in an action or proceeding, except a proceeding commenced under the election law, where the applicable statute of limitations is four months or less, service shall be made not…
Matter of Weiss v County of Nassau, 2019 NY Slip Op 07594, Decided on October 23, 2019, Appellate Division, Second Department: “In 2013, the petitioner took the Police Service Aide Trainee Examination No. 3005. In June 2017, while her application for the position of Police Service Aide Trainee was pending, she applied to the Nassau County Civil Service Commission (hereinafter the Commission) for a position as a Crossing Guard. In connection with that application, the…
US Bank Nat’l Ass’n v. Tran, NYLJ October 16, 2019, Date filed: 2019-10-03, Court: District Court, Nassau, Judge: Judge Scott Fairgrieve, Case Number: LT-003391-19: “Respondent states that RPAPL 713(5) requires that Respondents be served with a “certified deed” but a photocopy is legal. See Plotch v. Dellis, 60 Misc 3d, 1 (App Term, 2nd & 9th Jud Dist). Respondent states that an original certification of the deed must be filed with the court after service…
If you decide to file a claim, time may be of the essence Matter of Progressive Direct Ins. Co. v Ostapenko, 2019 NY Slip Op 07586, Decided on October 23, 2019, Appellate Division, Second Department: “The respondent, Irina Ostapenko, allegedly was injured when the vehicle she was driving was struck in the rear by another vehicle that then left the scene. The vehicle Ostapenko was driving was insured by the petitioner. Ostapenko filed a request…
In this matter, a dispute over approximately $13,000 in legal fees has been litigated in 4 courts. Kleinman v Weisman Law Group, P.C., 2019 NY Slip Op 07573, Decided on October 23, 2019, Appellate Division, Second Department: “In 2013, the defendant Weisman Law Group, P.C. (hereinafter the defendant firm), commenced an action against the plaintiff to recover unpaid legal fees in the Nassau County District Court. The plaintiff asserted a counterclaim, alleging that he was…
Parkchester Pres. Co. v. Jobartech,  NYLJ October 22, 2019, Date filed: 2019-10-11,  Court: Civil Court, Bronx, Judge: Judge Brenda Rivera, Case Number: 1754-18: “It is significant to note that the Civil Courts of the City of New York entered 41,671; 33,771; and 53,099 default judgments in 2016, 2017, and 2018 respectively. In the nearly three years that this Judge has presided over Civil Court cases, this Judge has ruled on hundreds of motions to vacate…
The better practice is, if it is your desire, to address disclosure of your full digital assets via a will, trust or other record.  Estate of Murray, NYLJ October 21, 2019, Date filed: 2019-09-30. Court: Surrogate’s Court, Suffolk, Judge: Surrogate Theresa Whelan, Case Number: 2018-1561/A: “By this proceeding, petitioner, one of the duly appointed fiduciaries of the estate of this decedent, seeks an order granting her access to the account decedent maintained with Apple, Inc.…