Stephen Bilkis

Stephen Bilkis graduated from Touro Law School in 1997. Soon after he passed the bar exam of New York and established the Law Offices of Stephen Bilkis & Associates. In over 20 years of practice, Mr. Bilkis has successfully represented scores of clients throughout Nassau County, Suffolk County, Westchester County, Queens, Brooklyn, Bronx, Manhattan, Long Island, and Staten Island in matters related to personal injury, probate law, criminal law, and family law.

Mr. Bilkis strongly believes that each client is unique and each case is different. His solutions are never “one size fits all.” He prides himself on listening to his clients, reviewing all facets of each case, and using his deep knowledge of New York law to come up with individualized solutions for each client.

Stephen Bilkis has been a member of various national and local bar organizations and associations including the New York State Bar Association, American Prepaid Legal Institute, the American Association for Justice, AARP Legal Services Network, and the New York State Trial Lawyers Association.

Stephen Bilkis and the staff at the Law Offices of Stephen Bilkis & Associates have well-earned reputations as knowledgeable and effective attorneys who fight for their clients’ legal rights. Because of this, the firm, its attorneys, and some of their notable cases or clients, in whole or in part, have been mentioned on several media outlets including CNN, CBS, CNBC, and ABC New York, as well as in the New York Times, New York Post and Newsday.

• Car Accidents

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New York

Since 1997

Head of Law Office

Stephen Bilkis & Associates

Current

Touro Law School

10.0 Rating

Justia

AFL-CIO Union Privilege Legal Plan

Plan Administrator

Current

American Prepaid Legal Institute

Member

Current

New York State Trial Lawyers

Member

Current

New York State Bar  # 2842938

Member

1997 - Current

Union Plus Benefits for AFL-CIO Union Members Newsletter

Union Plus

Union Plus, AFL-CIO Legal Benefits Conference, Washington, DC

AFL-CIO

Gave yearly talks about employment benefit packages to the AFL-CIO Union leaders and members

Accepted Member

Writers Guild of America East

Q. Can an executor try a case Pro Se in Federal Court with beneficiaries' consent?

March 20, 2025

A: I understand that navigating legal matters as an executor can be overwhelming, especially when trying to manage an estate while ensuring compliance with court rules. While it may seem practical to represent the estate Pro Se in federal court, unfortunately, an executor cannot do so, even if all beneficiaries consent.

Federal law does not permit Pro Se representation in cases where an individual is acting on behalf of others. Under 28 U.S.C. § 1654, individuals can represent themselves in court but cannot represent third parties, which includes an estate and its beneficiaries. Because an executor serves in a fiduciary capacity, meaning they act on behalf of others, they must retain an attorney to represent the estate in litigation. This rule applies regardless of whether the executor has faced legal challenges while managing the estate.

New York law follows the same principle. Even if there are no disputes among the beneficiaries and they all agree to the executor handling the case, the law does not allow it. Courts require legal representation to ensure that all parties' interests are properly protected and that estate matters are handled in compliance with legal procedures.

The only exception would be if the case involves only the executor’s personal interests, rather than estate assets or claims. In that situation, the executor could proceed Pro Se because they would be representing only themselves. However, if the litigation involves estate property, debts, or disputes, federal courts will not allow the executor to proceed without an attorney.

To move forward, the best course of action is to retain a federal litigation attorney who can represent the estate and ensure the case is handled properly. If legal fees are a concern, the estate may cover attorney costs if the litigation is necessary to protect estate interests. Proceeding without an attorney could result in the case being dismissed or other procedural complications, so obtaining legal representation is the safest and most effective approach.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York and admitted to federal court. ... Read More

Q. Legal options for grand larceny & coercion charges in NY?

March 20, 2025

A: This is a serious legal matter, as grand larceny and coercion are both significant criminal charges in New York. Since the young woman already has legal representation, her attorney will be the best person to assess her case based on the specific evidence, witness statements, and any mitigating circumstances. However, I can provide general guidance on possible legal options and defenses that may be considered in this type of case.

In New York, grand larceny involves the unlawful taking of property over a certain value, with different degrees of severity depending on the amount taken. If the money she received was substantial, she could be charged with Grand Larceny in the Fourth Degree (Penal Law § 155.30) if the amount exceeds $1,000 or a higher degree if the total amount was greater. Coercion (Penal Law § 135.60) generally involves compelling another person to act or refrain from acting through threats, including threats of criminal accusations, exposure of secrets, or causing harm.

A possible defense could be that the payments were voluntary and that there was no explicit or implicit threat made by the young woman. If she never made a direct demand for money and the elderly man provided the payments willingly, an argument could be made that there was no unlawful coercion. The presence of a witness who allegedly threatened to call the police may also complicate the prosecution’s case, depending on that person’s role in the situation.

Another possible legal argument could be that the young woman did not have the intent to commit a crime. If her attorney can demonstrate that she did not actively seek out or pressure the elderly man for payments, this may weaken the prosecution’s case. Additionally, if the elderly man continued making payments without being forced, this could support a defense against the coercion charge.

Her attorney may also explore plea negotiations, particularly if the prosecution’s evidence is not strong enough to prove coercion beyond a reasonable doubt. Given that the elderly man made payments for an extended period, the defense might argue that he did so to protect himself rather than as a result of coercion. If there are mitigating circumstances, the defense may also seek a reduction in charges or alternative sentencing options.

Given the seriousness of these charges, the best course of action is for her attorney to examine all evidence, including witness statements, financial records, and any communications between her and the elderly man.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York. ... Read More

Q. Seeking legal advice to sue Utica Police and apartment complex for mishandling emergency vacate order after violent incident with ex-boyfriend.

March 16, 2025

A: I’m very sorry to hear about this terrifying and dangerous situation. You have every right to seek legal accountability for what happened, especially given the serious failures by both law enforcement and your apartment complex. There are potential legal claims that could be pursued against both the Utica Police Department and the apartment complex, but the success of such claims will depend on several factors.

Regarding the Utica Police Department, your main argument would likely be based on negligence or failure to enforce a court order. If the emergency vacate order was valid and did not require service for enforcement, the police may have wrongfully failed to act, putting you in direct danger. However, suing a police department presents challenges due to governmental immunity, which protects law enforcement from lawsuits in many situations. To proceed with a claim, you would likely need to argue that the officers’ failure to enforce the vacate order was grossly negligent or reckless, rather than a mere mistake in judgment. Since this resulted in serious harm and unlawful imprisonment, an experienced civil rights attorney could help determine whether a lawsuit under 42 U.S.C. § 1983 for violation of your constitutional rights is possible.

For the apartment complex, you may have a stronger claim under premises liability and negligent security. Property owners and landlords have a legal duty to provide a safe living environment for tenants. If your landlord or management failed to take reasonable steps to protect you, such as securing the premises or ensuring that the vacate order was enforced, they may be liable. Given that the incident involved a prior history of abuse, you could argue that the complex should have taken greater precautions, particularly after your ex-boyfriend was released from jail and able to reenter the apartment.

To move forward legally, your next steps should include:

--1. Consulting a civil rights or personal injury attorney who handles police misconduct and landlord liability cases.

--2. Filing a Notice of Claim against the police department if pursuing legal action (New York generally requires filing within 90 days for municipal liability claims).

--3. Gathering all evidence, including the order of protection, police reports, witness statements, and documentation of the trauma and injuries suffered due to their inaction.

This is a serious matter, and you may have strong legal claims, particularly against the apartment complex and possibly law enforcement. Speaking with an attorney as soon as possible will help determine the best legal path forward.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York. ... Read More

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