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Stephen Bilkis

Stephen Bilkis

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  • Family Law, Divorce, Personal Injury ...
  • New York
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Biography

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.

Practice Areas
Family Law
Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law
Divorce
Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Medical Malpractice
Birth Injury, Medical Misdiagnosis, Pharmacy Errors, Surgical Errors
Probate
Probate Administration, Probate Litigation, Will Contests
Criminal Law
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
DUI & DWI
White Collar Crime
Products Liability
Drugs & Medical Devices, Motor Vehicle Defects, Toxic Torts
Domestic Violence
Domestic Violence Criminal Defense, Domestic Violence Restraining Orders, Victims Rights , Victims Rights
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Juvenile Law
Bankruptcy
Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
Nursing Home Abuse
Appeals & Appellate
Civil Appeals, Federal Appeals
Additional Practice Area
  • Car Accidents
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
New York
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Languages
  • English: Spoken, Written
Professional Experience
Head of Law Office
Stephen Bilkis & Associates
Current
Education
Touro College Jacob D. Fuchsberg Law Center
J.D.
Touro College Jacob D. Fuchsberg Law Center Logo
Awards
10.0 Rating
Justia
Professional Associations
AFL-CIO Union Privilege Legal Plan
Plan Administrator
Current
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American Prepaid Legal Institute
Member
Current
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New York State Trial Lawyers
Member
Current
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New York State Bar  # 2842938
Member
- Current
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Publications
Articles & Publications
Union Plus Benefits for AFL-CIO Union Members Newsletter
Union Plus
Speaking Engagements
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
Certifications
Accepted Member
Writers Guild of America East
Websites & Blogs
Website
Stephen Bilkis' Website Profile
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Stephen Bilkis & Associates Website
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Stephen Bilkis & Associates Criminal Defense Website
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Stephen Bilkis & Associates Estate Law Website
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Stephen Bilkis & Associates Family Law Website
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Stephen Bilkis & Associates DWI Website
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Stephen Bilkis & Associates New York Drug Crime Website
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Stephen Bilkis & Associates New York Sex Crimes Website
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Stephen Bilkis & Associates Truck Accidents Website
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Stephen Bilkis & Associates Spinal Injury Website
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Stephen Bilkis & Associates Brain Injury Website
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Stephen Bilkis & Associates Birth Injury Website
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Stephen Bilkis & Associates Bankruptcy Website
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Stephen Bilkis & Associates Injury Law Website
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Stephen Bilkis & Associates New York Injury Website
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Stephen Bilkis' New York Injury Website Profile
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Stephen Bilkis & Associates New York Accidents Website
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Stephen Bilkis & Associates, PLLC New York Personal Injury Website
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Stephen Bilkis & Associates New York Nursing Home Abuse Website
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Stephen Bilkis' New York Nursing Home Abuse Website Profile
Blog
New York Car Accident Lawyer Blog
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New York Family Law Blog
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New York Probate and Estate Administration Blog
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New York Medical Malpractice Lawyer Blog
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Spinal Injury Lawyer Blog
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Brain Injury Lawyer Blog
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Birth Injury Lawyer Blog
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New York Criminal Lawyer Blog
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New York Personal Injury Lawyer Blog
Legal Answers
309 Questions Answered
Q. Victim of identity theft used for fraud in divorce proceedings, seeking to reverse court ruling.
A: I understand how upsetting it must be to discover that your identity and signature were allegedly used without your consent in legal proceedings, particularly when this may have impacted both estate matters and divorce-related property division. In New York, forged signatures on court documents can constitute fraud and, if they affect the outcome of a case, may amount to fraud upon the court, which is considered a serious matter.

If you believe that the Affidavit of Sole Heirship filed in Queens Surrogate’s Court contains your forged signature, one step would be to file a motion in that court to vacate or set aside the order or judgment that relied on the affidavit. Under CPLR § 5015(a)(3), a New York court may relieve a party from a judgment or order if it was obtained through fraud, misrepresentation, or other misconduct. Fraud upon the court is a basis for such relief and is not subject to the usual statute of limitations. You will need to present your evidence of the forgery, such as handwriting analysis, witness statements, or other proof that you did not sign the document.

Because the property at issue is connected to your parents’ divorce proceedings in Suffolk County Supreme Court, you may also need to bring the alleged fraud to that court’s attention. This could involve filing a motion to intervene or submitting an affidavit explaining how the fraudulent affidavit in Surrogate’s Court concealed marital assets relevant to the divorce case. Coordination between the Surrogate’s Court and the Supreme Court may be necessary, and a judge in the divorce matter may stay certain proceedings pending resolution of the fraud claim.

Additionally, you should consider reporting the identity theft to law enforcement and filing a complaint with the New York State Attorney General’s Office. A criminal investigation into the forgery could strengthen your civil claims and provide independent verification of the alleged fraud.

Given the complexity of challenging prior court rulings across two separate courts and the interplay between estate and matrimonial law, it is strongly recommended that you retain an attorney experienced in both Surrogate’s Court litigation and high-conflict matrimonial cases. They can ensure that motions are filed properly, deadlines are met, and your evidence is presented in the most effective manner.

This response is for general informational purposes only and does not constitute legal advice. You should consult directly with a qualified New York attorney who can review your documentation, assess the applicable procedural rules in both courts, and represent your interests in challenging the rulings based on the alleged fraud.
... Read More
Q. Accused of shoplifting, denied CCTV, mistaken identity?
A: I understand how distressing it can be to face an accusation of shoplifting, especially when you believe it is a case of mistaken identity and have not been given an opportunity to review the alleged evidence. In New York, shoplifting allegations can result in criminal charges such as petit larceny under Penal Law § 155.25, which is a class A misdemeanor. Even if the police have described it as “nothing major,” it is still a criminal matter that can carry lasting consequences if not handled properly.

At this stage, you are not entitled to review the CCTV footage directly from the store. Evidence in criminal cases is typically disclosed during the discovery process after formal charges are filed in court. This means that if you are arrested or issued a desk appearance ticket, your attorney can request the footage from the prosecution as part of your defense preparation. If the footage is never produced, your attorney can challenge the prosecution’s evidence and may argue for dismissal if they fail to meet their evidentiary burden.

Mistaken identity is a valid defense in New York criminal law. Your attorney may be able to challenge the reliability of any eyewitness identification, cross-examine the store employees about their observations, and present your own evidence, such as witness statements from people who were with you at the time or receipts that support your account. If there are other customers who saw what happened when the store employee confronted you, their testimony may be valuable.

If the police have not yet charged you, they may still be reviewing the case or awaiting the CCTV footage. You are not required to speak with them or provide a statement without legal counsel, and doing so could potentially harm your case. If the police contact you again, you should clearly state that you want to speak to a lawyer before answering any questions.

Given the seriousness of a shoplifting accusation, even if you believe the evidence is weak, it is best to consult with a New York criminal defense attorney as soon as possible. They can advise you on your rights, communicate with law enforcement on your behalf, and prepare for the possibility of charges being filed.

This information is for general purposes only and does not constitute legal advice. You should consult with a qualified New York criminal defense attorney to discuss the specifics of your situation and develop a strategy to protect your rights.
... Read More
Q. Mistaken identification during an identification parade.
A: I understand your concern about the risk of mistaken identification, as it can have serious and lasting consequences in a criminal case. In New York, identification procedures, including what is sometimes referred to as an “identification parade” or lineup, are subject to specific constitutional and procedural safeguards to reduce the likelihood of wrongful identification. Despite these protections, errors can still occur, especially in situations where the witness’s opportunity to observe the suspect was limited or the lineup was conducted in a suggestive manner.

A mistaken identification can occur for many reasons, including poor lighting at the time of the alleged incident, stress or trauma experienced by the witness, the passage of time between the incident and the lineup, or the way the lineup participants are presented. If a witness identifies the wrong person during a lineup, this can lead to wrongful charges and even convictions unless the defense challenges the identification effectively.

In New York, the defense can file what is known as a Wade hearing request, named after United States v. Wade, 388 U.S. 218 (1967). This pretrial hearing allows the court to examine whether the identification procedure was conducted in a fair and non-suggestive way. If the court finds that the process was unduly suggestive or improper, it may rule that the identification cannot be used as evidence at trial. In addition, any in-court identification by the same witness may also be excluded unless the prosecution can prove it is based on an independent source.

Mistaken identification can significantly affect legal proceedings. If improper identification evidence is admitted, it can heavily influence a jury, even if other evidence is weak. Conversely, if such evidence is suppressed, the prosecution’s case may be substantially weakened, sometimes leading to a dismissal of the charges.

If you believe there is a risk of mistaken identification in a particular case, it is important to document any circumstances that might have affected the witness’s perception or the fairness of the lineup. This information should be shared with a defense attorney, who can take the necessary procedural steps to challenge the identification in court.

This response is for general informational purposes only and does not constitute legal advice. You should consult with a New York criminal defense attorney to evaluate the specific facts of your case and determine the best strategy for addressing potential mistaken identification.
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Annotations
Lisa T. v. King E.T.
New York Court of Appeals
People v. Teri W.
New York Court of Appeals
Lohan v. Take-Two Interactive Software, Inc.
New York Court of Appeals
Rodriguez v. City of New York
New York Court of Appeals
View More Annotations
Contact & Map
Stephen Bilkis & Associates
Manhattan, NY Office
100 Park Ave
16th Floor
New York, NY 10017
US
Toll-Free: (800) 696-9529
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours (Today)
Saturday: Open 24 hours
Sunday: Open 24 hours
Stephen Bilkis & Associates
Queens
118-35 Queens Blvd
#400
Forest Hills, NY 11375
US
Toll-Free: (800) 696-9529
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours (Today)
Saturday: Open 24 hours
Sunday: Open 24 hours
Stephen Bilkis & Associates
Nassau County
805 Smith St
Baldwin, NY 11510
US
Toll-Free: (800) 696-9529
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours (Today)
Saturday: Open 24 hours
Sunday: Open 24 hours
Stephen Bilkis & Associates
Brooklyn
300 Cadman Plaza W
12th Floor
Brooklyn, NY 11201
US
Toll-Free: (800) 696-9529
Telephone: (718) 669-3900
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours (Today)
Saturday: Open 24 hours
Sunday: Open 24 hours
Stephen Bilkis & Associates
Suffolk County
8 E Main St
Bay Shore, NY 11706
US
Toll-Free: (800) 696-9529
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours (Today)
Saturday: Open 24 hours
Sunday: Open 24 hours
Stephen Bilkis & Associates
The Bronx
903 Sheridan Ave
#F
Bronx, NY 10451
US
Toll-Free: (800) 696-9529
Monday: Open 24 hours
Tuesday: Open 24 hours
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours (Today)
Saturday: Open 24 hours
Sunday: Open 24 hours