Monday, October 27, 2014

New York Appellate Court Creates New Rule for Criminal Appeals

New York State's Appellate Division of the Supreme Court, Third Department, recently amended its Rules to add a provision specifically addressed to dormant criminal appeals.

Rule 800.14′s new paragraph (j) (Abandonment of Appeals) declares that a criminal appeal is deemed to have been abandoned – notwithstanding the provisions of paragraphs (b) and (c) of 800.14 pertaining to enlargements of time – when the appellant has not sought poor person relief or has failed to serve his/her brief-appendix within 24 months after the date of the Notice of Appeal.

The Clerk’s Office will not accept any brief or appendix received after the 24-months mark “unless directed to do so by order of the court”, which “shall be granted only pursuant to a motion on notice supported by an affidavit setting forth a reasonable excuse for the delay.”

For more on the new rule, click here.

Thursday, October 23, 2014

Steuben County Woman Sentenced for Missed Child Support

Copyright © 2014 Twin Tier News:
A Steuben County woman has been sentenced to four weeks in the Schuyler County jail’s work release program for failing to pay over $1,000.00 in back child support...

The last payment was made in January 2014, according to the Schuyler County support collection unit.

Assistant County Attorney Steven Getman represented the support collection unit...

The punishment was imposed by Family Court Judge Dennis Morris. Morris ordered the woman to report to the Schuyler County jail this Saturday (October 25) to begin her sentence.

For more on this story, click the link above.

Wednesday, October 8, 2014

Ithaca man sentenced for failure to pay child support
An Ithaca man is facing a thirty-day jail sentence for not paying past due child support, following an appearance in Schuyler County Family Court on Tuesday (October 7, 2014).

[T]he man was found in willful violation of a prior court order, due to his failure to pay nearly $1200.00 for the support of his teenage child. The last payment was made in April 2014, according to the Schuyler County Support Collection Unit.

The case was prosecuted by assistant County Attorney Steven Getman. Getman argued that a sentence of jail was appropriate, given the failure to make payments for approximately six months. Earlier this year, the child had been on public assistance in Schuyler County, Getman noted.

The sentence was imposed by Family Court Judge Dennis Morris. Morris did not order the man immediately incarcerated, but suspended the jail term to give the man time to pay the back support.

If the man fails to begin making payments by November 1 he can be returned to court and jailed at that time, Morris held.

For more information, click on the link above.