Legal Question in Civil Rights Law in New York

neighbor videotaping my kids

HI.My next door neighbor has called cps on me fror letting my two boys,ages 3 and 5, ride their bikes and powerwheels up and down our dead end street.cps has been to our house twice and found nothing untoward going on.Neighbor claims that we don't properly supervise the kids when they are off of our property.Cps lady says it seems he has a vendetta against us because when they report back to him that they have found nothing, he then comes up w/ something else he perceives as harmful to the children.He now claims to have video of my boys riding their bikes w/ no adult visibly supervising them.My question to you is, do we have any legal expectation of privacy??I am very creeped out knowing that this man(an attorney), is videoing my two young boys.He would also have to be videotaping the front of our house as that is where we sit to watch the kids.Thank you for any help in this very disturbing matter.


Asked on 6/30/07, 10:55 am

2 Answers from Attorneys
Jason Stern Law Offices of Jason Stern

Re: neighbor videotaping my kids

I would file a criminal complaint with police against this man for stalking. He has no right to videotape and follow you and your children like that. You can also press criminal charges if he filed a false complaint with CPS.

You can also file suit for harassment in a civil court of law.

Good luck!

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Answered on 6/30/07, 5:03 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: neighbor videotaping my kids

This is a touchy issue for all concerned involving privacy rights,

but also those neighborhood busibodies who take advantage of child protection laws to harass their neighbors.

There are proceedings that can be instituted to enjoin the violation of privacy rights and, if he ever accuses you falsely of a crime, to pursue a defamation action.

I would need to discuss the details in more depth however. I am starting a trial this week. Email me back if you would like to make an appointment.

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Answered on 6/30/07, 8:00 pm


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