Steven Getman

New move to avoid ID errors in criminal cases

2012-02-05T11:02:00.001-08:00

A spate of exonerations in recent years has revealed the weaknesses of memory and witness identification. Of the 289 people exonerated nationally by DNA evidence over the past quarter-century, about 75 percent were wrongly identified by witnesses....

Local police agencies say they have embraced change. They've revised policies within the past two years to match improved identification guidelines from the state District Attorneys Association and the Division of Criminal Justice Services, or DCJS. They've also trained officers to ensure that communications with witnesses are not leading, and encouraged police to actually position themselves out of sight of a witness viewing a photo array so there are no unintended signals....

Still, some say more can be done to eliminate human error or intentional or unintentional directions from police to eyewitnesses....

A New York task force, created by Court of Appeals Chief Justice Jonathan Lippman, has studied the core causes of wrongful convictions and plans to push legislation to tackle the common issues, such as misidentification and false confessions....

New York Attorney General sues banks, MERS registry, for "fraud"

2012-02-03T18:30:00.000-08:00

The New York Attorney General has announced a major lawsuit against several of the nation’s largest banks for deceptive & fraudulent use of the MERS electronic mortgage registry.

According to the Attorney General, the banks, Virginia-based MERSCORP, Inc. and its servicers engaged in “deceptive and fraudulent practices that harmed homeowners and undermined the judicial foreclosure process.” The lawsuit names JPMorgan Chase Bank, N.A., Bank of America, N.A., Wells Fargo Bank, N.A. as the involved banks.

The lawsuit seeks injunctive relief, money damages for harmed homeowners, and civil penalties.

The complete complaint against the banks and MERS can be found here.

New York's expanded "move over" law takes effect January 1

2011-12-23T09:07:00.000-08:00

Starting on January 1, New York's "Move Over" will expand to include tow trucks.

The current law fines drivers in New York if they don't move into another lane for police and ambulance vehicles on the road.

The new law will mean that anytime drivers see an emergency vehicle or tow truck with lights flashing, they must move to the other lane.

State officials say the expanded law will make it safer for people who respond and assist on accident scenes or for disabled vehicles.

Violators can receive two points on their license and up to a 150-dollar fine if they don't follow the new law.

Appeal: Mother Loses Support, Custody for Interfering With Father's Rights

2011-12-09T08:31:00.000-08:00

From the New York Law Journal:

A mother who "deliberately and unjustifiably frustrated" a father's attempts to visit his child was appropriately stripped of child support and primary custody, an appellate panel in Albany has held.

The Appellate Division, Third Department, unanimously affirmed a Schuyler County Family Court judge in a case where the custodial mother had repeatedly hindered her estranged husband's efforts to establish relations with his daughter, even though the father made no attempt to enforce his visitation rights for six years....

The court said that while the father "lost contact with his daughter for several years and did not adequately explain why he took so long to re-establish a connection," by the time of the hearing he had been working for more than a year to connect with his daughter.

"The record supports the finding that the mother deliberately and unjustifiably frustrated the father's visitation, moving without notifying the father and attempting to informally transfer custody to another person…without informing the father," Justice McCarthy wrote in an opinion joined by Justices Karen K. Peters , John A. Lahtinen, Leslie E. Stein and Elizabeth A. Garry.

Appearing were Martha N. Hertzberg of Ithaca for Mr. Luke; Lisa K. Miller of McGraw for Ms. Luke; and Steven J. Getman of Ovid for the child.

New law bans dumping rechargeable batteries in the trash

2011-12-04T21:15:00.000-08:00

Beginning Monday (December 5) it is illegal in New York to dispose of rechargeable batteries in the trash.

The New York State Rechargeable Battery Law prohibits the disposal of rechargeable batteries, including cell phone batteries, laptop batteries or camera batteries, in
non-recyclable containers.

Instead, the batteries must be returned to recycling bins at retail stores.

Almost every retailer that sells rechargeable batteries is now required to
provide recycling receptacles to consumers in their stores. Small-food stores that sell

Failure to provide or use the receptacles can lead to fines ranging from $50.00 for consumers and $5000.00 for the retailers.

More on the new law can be found here.

New York State Court of Appeals to Decide Tompkins County School Harassment Case

2011-11-20T19:26:00.001-08:00

From the Ithaca Journal:

ALBANY -- The state's highest court has agreed to hear the Ithaca City School District's appeal of a finding that it failed to adequately address racial harassment and threats of violence against a black middle-school student....

The state Division of Human Rights decided in May 2009 that the school district engaged in unlawful discriminatory practice by failing to protect the girl from a group of white students' harassment and threats in the 2005-06 school year....

Ithaca City schools have maintained that the Division of Human Rights does not have jurisdiction over public school districts. The state Supreme Court in Tompkins County agreed with the district in a 2009 decision.

The state Appellate Division, 3rd Department disagreed in a June 30, 2011, ruling. It reduced awards of $200,000 each for the mother and daughter to $200,000 for the daughter and $50,000 for Amelia Kearney.

But Ithaca City schools point to a case on Long Island that was dismissed by the mid-level state court, which said school districts don't come under the state human-rights law, which applies to education corporations and associations.

It has been reported that fewer than one out of ten applications for leave to appeal are granted.

The existence of conflicting rulings among the Appellate Divisions, as is apparently the case here, is one of the factors that will sometimes convince the state's high court to hear an appeal.

Tompkins County: Attorneys to Discuss Hydrofracking Risks and Rewards

2011-11-15T07:00:00.000-08:00

The Ithaca Journal:

Legal opportunities and risks for municipalities banning hydraulic fracturing will be discussed at 6:30 p.m. Thursday at Enfield Elementary School...

A question-and-answer session will follow.

Technology in today's courtroom

2011-10-31T09:18:00.000-07:00

From Gannett News:

The use of recordings and projected photos in courtrooms is not new. Overhead projectors and tape recorders have been used for decades....

But the ability to engage 21st-century jurors accustomed to computers, smart phones, and televisions by seamlessly weaving together evidence with a multimedia presentation is, experts say.

New York Town Extends Landfill Moratorium

2011-09-29T19:38:00.000-07:00

Finger Lakes Times:

The [Ovid] Town Board has extended its moratorium on new landfills or monofills for another year.

The board imposed the initial, one-year moratorium in May 2010. At its September meeting, the board renewed the moratorium for another year.

Town officials said the moratorium is designed to allow the town and planning boards additional time to study the potential impact of landfills and monofills on groundwater and agriculture and other quality-of-life factors.

Town Attorney Steven Getman, the Seneca County Planning Department, the town Planning Board and Supervisor Walt Prouty, researched and drafted the town’s moratorium.

New York's Good Samaritan Law Takes Effect

2011-09-19T20:43:00.000-07:00

New York State's Good Samaritan law is now in effect.

The law is designed to curb accidental deaths from overdoses. It encourages witnesses or victims of alcohol or drug overdoses to call 911 for emergency assistance. The law provides limitations on use of evidence obtained in connection with a person seeking or receiving health care for a drug overdose.

Supporters of the law say victims or callers will be protected from being charged or prosecuted for drug or alcohol possession. According to them, most overdose deaths are preventable if they get immediate help, and the primary reason people do not call for assistance is a fear of getting arrested.

More on the law can be found here.

Schools are open. Drive safe. Avoid tickets.

2011-09-05T07:53:00.000-07:00

New York State schools begin classes this week.

This means that many school speed limits are, again, in effect. Typically, these speed limits are fifteen miles per hour, effective from 7:00 am to 6:00 pm on school days.

In addition, school buses will be back on the roads in the early mornings and late afternoons, picking up or discharging children.

Many police agencies will be out in force this week, enforcing these laws. Penalties for violating these traffic rules can be stiff, ranging from fines, to points on your drivers’ license and, in some case, lose of driving privileges. If you receive a traffic ticket for violating any of these laws, it is recommended that you consult with a qualified attorney of your own choosing, to determine the penalties you face, and your legal rights.

However, the best way to avoid these penalties is to drive safely. Motorists are reminded to be on the lookout for schools, buses and pedestrians, to make sure each student has a safe and enjoyable school year.

Texas Man Kicked Off Jury For Trying To 'Friend' Defendant

2011-08-31T06:16:00.000-07:00

AOL News:

A North Texas juror got an unfriendly reaction from a judge after he tried to 'friend' the defendant on Facebook....

Jonathan Hudson pled guilty to four counts of contempt of court as a result of his actions, which his lawyer described as a "silly mistake"....

In 2009, the New York Times wrote a piece about the ways in which the Internet has contributed to a several mistrials across the country.

Some New York State Courts Closed from Hurricane Irene

2011-08-27T13:24:00.000-07:00

According to the New York State Office of Court Administration, a number of courts, including several in the Southern Tier of upstate New York, are closing and/or rescheduling Monday’s court cases, due to Hurricane Irene.

People with business before the courts on Monday are urged to check the state’s official website, or contact the court first thing in the morning, to make sure their case has not been adjourned to another date.

Seneca County Group Targets Underage Drinking

2011-08-18T16:04:00.000-07:00

The Seneca County Substance Abuse Coalition has received a grant to address the issue of underage drinking.

The first step is a survey of Seneca County adults. Youth in grades 9 through 12 will be surveyed in the Fall.

The purpose of the survey is to obtain input on Seneca County's

•Needs and Problems facing youth
•Attitudes, Beliefs and Practices toward underage drinking.

The information received will be confidential and will help the coalition develop a plan to reduce underage drinking in Seneca County.

Underage drinking may lead to both serious legal consequences and serious health and safety consequences. Seneca County residents: Please take 15 minutes and fill out this online community survey entitled “Prevention First-NY.” The deadline is September 30, 2011.

Federal courts again experiment with allowing cameras

2011-08-01T19:12:00.000-07:00

From the Citizen Media Law Project:

The program, which was approved by the U.S. Judicial Conference last year and allows court-operated cameras to cover civil proceedings in 14 federal trial courts, is just the latest chapter in the long saga on the question of camera coverage of federal trial courts.

This is not the first time that the federal courts have experimented with camera coverage of their proceedings. From 1991 through 1994, the federal courts conducted a limited test of camera coverage of civil trials in eight federal district courts, which led to a recommendation that federal courts allow televised proceedings. But the Judicial Conference -- which sets policies for all federal courts except the U.S. Supreme Court, which sets its own rules -- rejected this recommendation, concluding in 1994 that “the intimidating effect of cameras on some witnesses and jurors was a cause for serious concern.”

The Judicial Conference then relented a bit, deciding in March 1996 to allow each federal Circuit to decide the issue for itself and the district courts in its geographic area, while strongly urging the Circuits to follow the Conference’s 1994 policy.

Report: Affinity frauds increase in economic downturn

2011-07-20T19:40:00.000-07:00

From the New York Post:

Maybe it's the bad economy. Maybe it's people's desire to look past Wall Street and invest with someone they believe they can trust.

But whatever the reason, swindles of friends by friends are on the rise -- so much so, that prosecutors have coined a separate name for it: Affinity frauds...Savvy people who would never dream of investing with a cold-call telephone huckster will hock their homes and ruin their credit for a "friend" with an honest face and a good idea....

Many “friendly” business offers are legitimate. However, even a legitimate business deal can go sour if one or both parties do not realize what they are getting into.

The best way to avoid fraud, or other legal complications, is to consult a qualified attorney of your own choosing before entering into any contract or making any sizeable investment, even with a friend or family member.

National Week Recognizes Probation, Parole Officers

2011-07-18T08:27:00.000-07:00

From the Ithaca Journal:

The American Probation and Parole Association has declared July 17 as a week of recognition for the work done by probation and parole officers providing supervision to offenders in the community. And for very good reason: There are more than 120,000 people on probation alone in New York. This number is more than the combined total of parolees and individuals incarcerated in the prison system. Probation is the largest alternative-to-incarceration program available to the courts and provides a crucial service in the justice system….

Probation officers are agents of the court and are responsible for ensuring that court- ordered conditions are met. To do this, probation officers provide direction, guidance and mentoring in face-to-face supervision appointments.

More on the role of probation and correctional alternatives in the justice system can be found here.

Indictment Dismissed in Ithaca Hospital Assault Case

2011-07-14T08:20:00.000-07:00

From Fingerlakes1:

A Tompkins County Judge has dismissed the indictment against one of the men accused of participating in an attempted gang assault at Cayuga Medical Center in May 2010.

In a decision dated Wednesday (July 13, 2011) Judge John Rowley ruled that the assistant district attorney who presented the case against James Marshall to the grand jury failed to provide sufficient evidence of Marshall’s involvement and "violated his duty of ‘fair dealing to the accused."

Rowley’s decision came after Marshall’s attorney, Steven Getman, filed motions to dismiss the case for lack of evidence and due to defective grand jury proceedings. As part of that motion, Getman had argued that the prosecution did not provide the grand jury with evidence of Marshall’s repeated denials of guilt to the police.

New guide to New York's gay marriage law

2011-07-10T07:12:00.000-07:00

With the passage of the Marriage Equality Act in New York, gay and lesbian couples will have the opportunity to get marriage licenses beginning July 24.

In anticipation of the many questions surrounding the new law, an online guide has been set up to address some of these concerns.

The guide offers legal advice from attorneys, and goes over the basic rules surrounding the same sex marriage law, including:

• applying for a marriage license;
• the rights and responsibilities conferred by marriage;
• the implications of the law’s religious exemptions; and
• limitations imposed by the federal Defense of Marriage Act.

The guide is currently available here.

The Documents You Need Before You Die

2011-07-07T15:31:00.001-07:00

The Wall Street Journal has printed a list of the 25 documents you need before you die. They include:

• An original will;
• Proof of ownership for major assets, such as real property and motor vehicles;
• A complete listing of all bank accounts;
• A durable health-care power-of-attorney form;
• Life insurance policies and retirement accounts;
• Marriage and/or divorce papers.

The Journal also gives some advice on where to store these items. However, the laws of each state vary and, in certain jurisdictions, the locations suggested could create legal problems for your heirs.

Therefore, while everyone is strongly encouraged to locate and/or prepare these documents, anyone reading this list should make sure to consult with a competent attorney of their own choosing before following all the advice in this article.

A Failing Report Card: New York’s Civic Illiteracy

2011-06-23T08:28:00.000-07:00

According to a new study, New Yorkers are seriously lacking in their knowledge of government, politics and the U.S. Constitution. Among the responses:

• Fewer than two in ten New Yorkers believe they are actually very familiar with the document.

• Sixty-two percent of respondents incorrectly believe that the president, not Congress, has the power to declare war.

• Two out of five New Yorkers could not identify which branch of government makes laws.

Bar association to improve law school jobs data

2011-06-18T10:06:00.000-07:00

According to the New York Daily Record:

[T]he American Bar Association’s Section on Legal Education and Admission to the Bar is requiring law schools to provide more detailed job and salary information on the questionnaire they provide to the ABA. The expanded information to be required is in the areas of employment status, employer type and employer location.

Two recent Vanderbilt law School graduates, Patrick Lynch and Kyle McEntee, started Law School Transparency in 2010 to obtain more accurate job information for prospective law students. The problem, they say, isn’t with falsified data, it’s with misleading information.

Regarding job status, information on the type of job obtained will include whether the job requires bar passage, is a job for which a law degree is preferred or just what type of job the graduate is in. More specific unemployment status will also be included as well as information regarding jobs funded by the law school. Information on where graduates find the most work will be included, as well as state-specific salary information.

The expanded information from the questionnaires will be published in the ABA’s LSAC Guide in June 2012.

Law students, like all consumers, deserve transparency and accuracy from providers of services. Educators, including law schools, should have a special duty to provide accurate information to their consumers/students. I applaud the American Bar Association for working towards greater accuracy in this area.

Memorial Day: New York State Senate passes bills to assist active military

2011-05-30T16:19:00.000-07:00

The New York State Senate has passed two new bills, aimed at protecting the parental rights of our military members:

Bill S.3228 prevents the courts from considering the potential for a military service deployment as a detrimental factor when determining parental custody of a child. So long as the parent provides a suitable child care plan for the period of deployment, under the bill, the courts would not be able to infringe upon that parent’s custodial rights, helping more families of service members to stay together.

Bill S.3192 allows a parent to designate a short-term military service guardian, when necessary, during the period in which a custodial parent will be on active military duty. This guardian would only be designated if there is not another parent who has joint custody of the child, a parent whose parental rights have not been terminated, whose whereabouts are known, and who is willing to make the day-to-day decisions for the child.

The bills have been forwarded to the State Assembly for approval. If passed by the Assembly, the bills would then be forwarded to the governor for further action.

Memorial Day: Drive Safely and Avoid Traffic Tickets

2011-05-26T19:39:00.000-07:00

With Memorial Day weekend starting Friday, attorney Steven Getman is reminding motorists to practice safe driving habits on New York State roads.

“Memorial Day weekend is a heavily traveled period,” Getman said. “Not only does this increase the chances for accidents, but state and local police will be out in full force.”

Troopers are already are in the midst of the "Buckle Up New York: Click It or Ticket" campaign, Getman noted. In addition, he warned, "sobriety saturation patrols" will be on the roads this holiday weekend looking for drunken drivers.

Other police officers will be keeping an eye out drivers who are texting or talking on their cell phones, Getman said.

“The best way to avoid traffic tickets is to drive safely and obey the law,” Getman explained. “However, if a motorist does get a ticket—or worse, into an accident--he or she should make sure to contact a competent attorney to discuss his or her legal rights and responsibilities.”

For more information on this weekend's traffic safety initiatives, click here.

New Decisions from the N.Y. Court of Appeals

2011-05-13T14:24:00.000-07:00

New York State’s highest court has issued a number of decisions this week on civil and criminal law.

The cases cover a number of issues, including the privacy of medical records, a criminal defendant's right to a public trial and whether the police are required to interview witnesses after overhearing potentially exculpatory statements.

Decisions of the New York State Court of Appeals are binding on all lower courts within the state. The decisions are available to the public and can be found at the court’s website.

Federal Law May Force Obama to Make Bin Laden Pics Public

2011-05-12T05:10:00.000-07:00

A number of news organizations, including AP, Fox and NPR, are claiming a federal open government law requires the White House to make public the photographs of a deceased Osama Bin Laden.

According to the Atlantic Monthly:

"Pictures of Osama bin Laden and other images from that mission would have compelling news value and public interest," said Dick Meyer, executive editor for news at NPR. "I can foresee circumstances or arguments that would lead us to refrain from publishing the images if we were to get them, but NPR should be in a position to make that decision and not simply accept the government's action."

The National Law Journal notes that national security claims might make the news groups’ difficult, but cites experts who say that the government may, ultimately, have to release the pictures, under the federal Freedom of Information Act (FOIA):

"Theoretically, they could win," said Scott Hodes, who from 1998 to 2002 was the acting unit chief of the Federal Bureau of Investigation's Freedom of Information/Privacy Act Section's litigation unit and is now a solo practitioner in Washington. "It will not be an easy decision. There are reasons on both sides."

The FOIA requires that all federal agency records be accessible to the public unless there exists a specific exemption....

In addition to news organizations, a number of groups have announces plans to file suit to obtain the materials, including the open government group Judicial Watch.

"President Obama's decision not to release the bin Laden photos is at odds with his promises to make his administration the most transparent in history," wrote the group. "Judicial Watch hopes its FOIA requests will provide a mechanism to release these records in an orderly fashion in compliance with the FOIA law. President Obama's reluctance to spike the football is not a lawful reason for withholding these historic public documents from the American people."

In recent history, from the Pentagon Papers to Wikileaks, the need to balance national security against the right of the citizens to open government is an ongoing, and important, public policy issue. Ultimately, as is so often the case, the issue will likely be decided in the courts.

Can a Facebook 'poke' be a threat?

2011-05-09T20:13:00.000-07:00

A federal court is grabbling with the question whether a Facebook "poke" can constitute a threat. According to the Rochester Democrat and Chronicle:

Today, a federal prosecutor asked that bail be revoked for Richard "Eric" Riedman, who authorities allege is a member of the Hell's Angels. Riedman is awaiting trial on allegations that he and others stole scrap metal from a CSX railroad yard. An earlier trial on the charges ended up with a hung jury....

Assistant U.S. Attorney Brett Harvey contended that Riedman's bail should be revoked ...because he allegedly "poked" a cooperating witness -- Christopher Monfort -- through Facebook....

Authorities allege that Riedman was ordered not to have contact with Monfort, who testified for almost nine days in the earlier scrap metal trial. They also allege that the Facebook "poke" could be the basis of a criminal charge of tampering with a witness.

U.S. District Judge Charles Siragusa questioned today why prosecutors didn't criminally charge Riedman if they believed they had sufficient proof he had tried to intimidate a witness. Harvey said prosecutors might not have enough evidence to prove guilt because Riedman's computer is now being monitored after being seized.

Harvey acknowledged, "This isn't a straightforward ... threat."

Court of Appeals Issues New Decisions.

2011-05-05T18:35:00.000-07:00

New York State’s highest court has issued a number of decisions this week on civil and criminal law.

The cases cover a number of issues, including what constitutes effective assistance of counsel, possible child neglect, the proper disposition of a juvenile delinquency case and time limits for lawsuits involving alleged negligence by a school board member.

The decisions are available to the public and can be found at the court’s website.

Are iPads Violating Federal Record Keeping Laws?

2011-05-04T19:35:00.000-07:00

“Apple’s iPad tablet computer could allow White House staffers to circumvent a law aimed at preserving all official communications,” according to a report at the Hill website:

It is unclear how many White House staffers have iPads and to what extent they are used for official business, but the issue highlights the difficulties of the Presidential Records Act, which has failed to keep up with changes in the way people communicate digitally.

The law mandates that all communications related to official business must be archived, and the administration’s policy is that White House staffers who use personal email or social-networking accounts to conduct official business must forward the messages for archiving to official accounts.

But there are few safeguards to ensure they do so....David Ferriero, the archivist of the U.S., said he isn’t comfortable with White House staffers determining for themselves what is and isn’t relevant for presidential records.

The issue facing the White House in this case is not unique. Many other government entities grapple with how to allow staff to use personal technology while staying compliant with “freedom of information” and government record-keeping laws.

In addition, while no one is accusing the White House of breaking the law, there have been attempts by government employees to use personal email accounts in ways that might circumvent open government laws.

In New York State, an opinion has been issued advising that that records of official business emailed to a private or home address are subject to the Freedom of Information Law. It would seem that the federal government, if it has not already, should follow suit.

Call in New York for Police to Videotape Interrogations

2011-04-30T08:51:00.001-07:00

The New York District Attorneys' Association and other law enforcement agencies "have announced their support for video recording of interrogations and the adoption of statewide protocols to ensure the integrity of the practice."

Many defense attorneys have called for videotaped interviews for years now.

It may be time for New York to join several other states and mandate the practice, to insure that confessions are obtained legally. Doing so would both protect innocent suspects and avoid false claims of coercion by the police.

Social Networks Ban Sex Offenders

2011-04-29T16:34:00.000-07:00

New York Daily Record:

The e-STOP law has resulted in the removal of more than 24,000 accounts and online profiles linked to registered sex offenders.

It requires sex offenders to register and keep up to date all current email accounts, screen names and any other Internet identifiers with the state Division of Criminal Justice Services. The list is then given to more than two dozen social networking companies on a weekly basis and those sites use it to purge offenders.

Public Forum: Juvenile Justice in New York State

2011-04-17T19:06:00.000-07:00

The Fund for Modern Courts, together with the New York State Bar Association, will be holding a public forum on the topic "Juvenile Justice in New York State: The Criminal Age of Responsibility (Practice, Law and Reform)."

The forum will be held Thursday April 28, 2011 at the State Bar Center, in Albany, New York.

The panelists will discuss the present practice, relevant law and legislative reforms surrounding the issue of the age of criminal responsibility in New York. New York is one of only two states that sets the age of criminal responsibility as low as sixteen years old. What the present state of the law is, how it affects the defense and prosecution of children, what it requires of the court system and its impact on the criminal justice system will be presented by the panelists. Recently proposed legislation seeking to alter New York’s juvenile justice system treatment of juvenile and youth offenders, and the practical ways lawyers and the courts can address the laws and policy governing the juvenile justice system will also be discussed. The panelists will present the issues from the perspective of the judiciary, attorneys, policy makers, educators, and advocates.

The forum is free and open to the public.

For more information, or to register for the event, click here.

Protecting Safe Deposit Boxes from Seizure

2011-04-15T18:28:00.000-07:00

ABC News reports that some states, including California, are seizing the contents of safe deposit boxes without giving the owners proper notice. Some of these states are also seizing "unclaimed" property. This is being done by these states in a effort to balance their budgets.

Here are some tips to protect your property from improper seizure:

• Make contact with your bank, your brokerage firm, etc. at least once a year, in a way that creates a paper trail. Make sure they have your current address.

• If you own stock, occasionally vote your proxies or take other steps to keep your stock ownership active. Stay in touch with your broker.

• Write a list of all your accounts and keep it with your will, so your heirs will know where to look.

• Consider insuring valuables even if you keep them in your safe-deposit box. That way, you're covered financially if the bank or state makes a mistake and empties your box. Plus, safe-deposit contents have been known to be destroyed by fire or flooding.

You can also search for unclaimed property in your name for free, using the website given here.

The 2011 "Dirty Dozen" Tax Scams

2011-04-11T17:54:00.000-07:00

The Internal Revenue Service has released its annual report of swindles to dodge and scams to avoid when preparing your taxes:

“The Dirty Dozen represents the worst of the worst tax scams,” IRS Commissioner Doug Shulman said. “Don’t fall prey to these tax scams. They may look tempting, but these fraudulent deals end up hurting people who participate in them.”

The IRS works with the Justice Department to pursue and shut down perpetrators of these and other illegal scams. Promoters frequently end up facing heavy fines and imprisonment. Meanwhile, taxpayers who wittingly or unwittingly get involved with these schemes must repay all taxes due plus interest and penalties.

Here are the scams and frauds to look out for this year:

• Hiding Income Offshore
• Identity Theft and Phishing
• Return Preparer Fraud
• Filing False or Misleading Forms
• Frivolous Arguments
• Nontaxable Social Security Benefits with Exaggerated Withholding Credit
• Abuse of Charitable Organizations and Deductions
• Abusive Retirement Plans
• Disguised Corporate Ownership
• Phony Zero Wages informational returns
• Misuse of Trusts
• Fuel Tax Credit Scams

For more information on how to avoid these scams, see the link above.

Latest New York Cell Phone Crackdown Begins Monday

2011-04-10T12:30:00.000-07:00

‘Operation Hang Up’ starts Monday on Thruway:

An initiative aiming to increase enforcement of the state law banning cell phone use while driving will be in effect April 11-14.

It’s the fifth time that “Operation Hang Up” will be enforced by The New York State Thruway Authority and New York Police...

As noted here, new penalties for cell phone usage while driving were recently put in place by the New York State Department of Motor Vehicles. In addition to fines and surcharges, tickets for cell phone use can raise drivers' insurance rates.

Motorists should take care to avoid tickets and, if they receive a ticket, consider contacting an attorney.

New York's E-Waste Recycling Law Takes Effect

2011-04-08T17:45:00.000-07:00

New York Times:

The new law mandates that manufacturers pay for the collection, handling and recycling of electronic products to keep materials that may contain toxic metals like lead and mercury from going into the trash, and later into incinerators and landfills. While some major companies already take items back through collections and trade-in programs, the new law requires the makers of electronics to set up a permanent system of collections throughout the state.

Part of the goal is to make it simpler for consumers to prepare for 2015, when it will be illegal to throw electronics into the regular trash.

Changes to flexible spending accounts

2011-04-07T18:05:00.000-07:00

Flexible Spending Accounts are employee benefits that allow you to set aside a portion of your earnings to pay for certain approved expenses, such as medical costs or dependent care. Money deducted from your pay into such an account is not subject to payroll taxes and can result in tax savings.

However, as YNN television reports, recent changes to flexible spending accounts may create new confusion, and new tax liabilities. For example:

As of January 1st, over-the-counter drugs were not supposed to be covered under flexible spending accounts, but things like contact solution and band-aids were still eligible. Even pharmacists say keeping it all straight is proving to be a challenge.

For more information on health care spending accounts and eligible expenses, check out the above link. In addition, make sure to obtain competent tax law and financial advice from a qualified attorney or accountant.

Congress Votes to Repeal Unpopular Reporting Law

2011-04-05T18:05:00.000-07:00

Fox News:

The Senate voted overwhelmingly, 87-12, Tuesday to repeal an unpopular reporting requirement in the new health care reform bill that small business owners had said would impose a tsunami of paperwork had it gone into effect in 2012. The paperwork mandate would have required all businesses to report to the IRS each time they made payments and purchases totaling more than $600 in a calendar year, regardless of what the money was used to buy.

More the reporting requirements here.

Cornell Law School Society Holds Panels to Promote Environmental Law

2011-04-04T16:09:00.000-07:00

Cornell Daily Sun:

In the hopes of promoting an environmental law program, The Cornell Law School’s Environmental Law Society gathered more than 60 panelists and speakers from around the country for a conference on gas drilling, sustainability and energy policy this weekend.

New York Creates New Penalties for Cell Phones While Driving

2011-04-03T12:54:00.001-07:00

Attorney Steven Getman is reminding New York State drivers that new penalties are in place for people who talk on cell phones while driving.

“Until recently, drivers who used a cell phone without a hands free device were subject to nothing more than a fine.” Getman explained.

“However, on February 16, the state Department of Motor Vehicles changed the punishment. Violations are now subject to two ‘points’ on a driver's license. Those points can increase a driver’s insurance rates, much like a speeding ticket or auto accident.”

In addition, Getman noted some police agencies will place extra emphasis on their cell phone enforcement for extended periods of time. The police say they are doing so to deter distracted drivers.

“With increased penalties and stepped-up enforcement, motorists who receive a ticket for using a cell phone should consider consulting an attorney to discuss their legal rights before pleading guilty,” Getman said.

More information on the new cell phone rules can be found here.

Proposed Law Would Criminalize Posting Crime Scene Photos

2011-04-02T15:34:00.000-07:00

According to the Wall Street Journal, "bills introduced in the Senate and Assembly would make it a crime for public servants on duty to take unauthorized pictures or videos of crime scenes and circulate them."

The article states that the crime would be a felony, punishable by up to four years in prison.

According to the story, the law was proposed in response to an emergency worker "who photographed a woman found beaten and strangled and later posted the image on his Facebook page."

Law School Conference to Look at Cyberbullying

2011-04-01T10:07:00.000-07:00

From Hofstra Law School:

In light of recent incidents of cyberbullying, it is more important than ever to ensure a safe environment for youth at schools, in their communities and online. This conference will bring together educators, lawyers, policymakers and mental health professionals to learn about cyberbullying, examine the current state of the law and consider issues regarding the first amendment, school liability and criminal justice.

Police plan DWI crackdown over Super Bowl weekend

2011-02-04T10:15:00.000-08:00

Associated Press:

The Governor's Traffic Safety Committee says the statewide crackdown on drunk driving began Thursday and will run until 5 a.m. Monday, the day after the Green Bay Packers play the Pittsburgh Steelers in Texas in Super Bowl XLV. Officials say state, county and local police are adding extra patrols and checkpoints during the period.

Cayuga County man appeals arson conviction

2010-12-28T08:09:00.000-08:00

From the Syracuse (NY) Post-Standard:

A former Ledyard man who was convicted last year of setting fire to his house has asked an appellate court to overturn that verdict.

In his appeal Chad Towsley said he was denied his right to a fair trial for many reasons...

The Rochester appellate court is expected to hear the case in early April, said court-appointed lawyer Steven Getman, who filed the appeal for Towsley. Getman asked the court to overturn the verdict and/or grant a new trial.

“When a defendant is denied his right to a fair trial he should be entitled to a new trial regardless of his verdict," Getman said.

It's the Law: Make sure your dogs have adequate shelter

2010-12-27T07:27:00.001-08:00

New York State law requires dog owners who allow their dogs to spend time outdoors to provide shelter appropriate to the dogs' breed, physical condition and to the climate.

By law, requirements for a proper shelter include a waterproof roof, structural soundness and appropriate insulation to protect the dog from inclement weather. The law also mandates that the dog have enough space for freedom of movement and waste removal.

Owners who do not provide such housing are subject to escalating penalties, including fines and possible confiscation of the dog.

Humor: the 5 Most Wildly Illegal Court Rulings in Movie History

2010-12-16T09:39:00.000-08:00

From Cracked.com, comes a funny, but informative, article on how movies so often misstate the law for dramatic purposes.

The article has some NSFW language and it attacks a couple of very beloved films (especially one involving Christmas), but it is a nice primer on several interesting legal points.

Avoiding and Resolving Problems with Motor Vehicle Transactions

2010-11-02T07:32:00.000-07:00

Ithaca Journal:

Avoiding and resolving problems with car purchases and repairs is the topic of Cornell Cooperative Extension of Tompkins County's November Consumer Issues Program. It will beheld at 11 a.m. Wednesday, Nov 17 at the Cooperative Extension Education Center, 615 Willow Ave (in Ithaca, New York).

According to the above article, topics will include "consumer's rights and responsibilities in the vehicle market, the New/Used Car Lemon Laws, and issues pertaining to the purchase, repair, and inspection of vehicles in New York state."

Seneca County Scenic Byway Plans Move Forward

2010-10-03T17:53:00.000-07:00

Finger Lakes Times:

Barry O’Neill of Lodi and Steven Getman of Ovid, directors of the Seneca Lake ByWay Inc., report that the group’s seven-year campaign to have an 18-mile stretch of Route 414 from Watkins Glen to the Ovid-Lodi border on Seneca Lake is nearing final approval by the state Department of Transportation.

Dogs’ deaths spur outrage

2010-09-20T19:51:00.000-07:00

Finger Lakes Times:

ROMULUS - It’s a case that’s caused a wave of reaction near and afar.

In July, according to a U.S. Department of Agriculture report, the owner of the Black Diamond Acres dog breeding kennel admitted to an animal health inspector that he took the lives of 93 dogs in his care by poisoning them with carbon monoxide generated by a small gas engine.

Exhaust fumes from the engine were piped into a small enclosure inside the barn where the dogs were kept, the report said.

David Yoder, a member of the area’s growing Amish population, had been in the business of producing small breed dogs for the past few years.

****

Romulus Town Supervisor David Kaiser quickly reacted to the situation that has drawn national attention.

“Like most of our community, I am outraged by these allegations. This story is a horrible reminder that state and federal oversight of these facilities is incredibly lax and may cause needless suffering to innocent animals,” Kaiser said.

“Several years ago [the town] took the initiative to regulate dangerous puppy mills, by enacting a new zoning law that required breeders to treat animals humanely. That law has been used by other communities as a model to fight the public health threats caused by mistreated pets. Our town will continue to push for fair treatment for our companion animals,” he said.

Town Attorney Steven Getman will be consulted to determine whether any violations of the town’s zoning law occurred...Kaiser said.

Many Families to be Impacted by Changes in New York Laws

2010-09-01T13:15:00.001-07:00

OVID, NY--Attorney Steven Getman is urging New York State residents to became aware of recent changes to state law which may impact them or their families.

According to Getman, these changes include the following legislation:

• Allowing No-fault Divorce in New York.
• Revising the New York State Power of Attorney rules.
• Authorizing Family Court judges to issue orders of protection for witnesses in domestic abuse cases.
• Requiring employers to give same-sex couples the same funeral leave benefit for a death in the family as other couples.
• Providing domestic workers with industry-specific protections and labor standards.
• Enhancing protections for consumers in case a health insurer or health maintenance organization (HMO) discontinues a class of policies or contracts.

According to Getman, more information on each law may be available here.

“These new laws, once they take effect, have the potential to dramatically impact several aspects of New Yorker’s lives,” Getman explained.

“As with any laws, persons who believe they may be affected should consider consulting with a qualified attorney of their own choosing to discuss their rights and potential responsibilities.”

Beware this Travel-related Email Scam

2010-07-27T21:21:00.000-07:00

OVID, NEW YORK—Attorney Steven Getman is warning consumers to be aware of a scam involving unlawfully accessed email accounts from web-based email providers.

According to Getman, potential victims report receiving an urgent email from an account known to them. The email includes an urgent plea for money, recounting a false claim that the email sender was traveling abroad and was mugged or robbed of all cash and property. The email also requests that funds to be wired via Western Union to help cover expenses during the interim period, with a promise to repay the loan. The same email is sent to nearly every email address listed in the sender’s address book.

This scam relies on the fact the potential victim will act swiftly because of the urgency of the message coming from a trusted source – often the account of a friend, relative, or colleague. This scam has multiple victims — the people who receive this email as well as the sender, whose email account is compromised and used for the scam. The perpetrators often gain unauthorized access to the email account used for the scam through an earlier “phishing” (identity theft) scam, whereby the email account holder is tricked into revealing his or her password information.

Because the scammers have access to all of the saved emails in the compromised email accounts, they may learn a significant amount of personal information about the email account holders and be able to convince skeptical recipients of these emails that the scammer is, in fact, the actual friend, relative, or colleague associated with the email account.

According to Getman, since the vast majority of these scams originate on other continents, the best way to combat this newest type of e-mail scam is simple: education. Getman suggests some tips to avoid becoming a victim of this and similar email schemes:

• Avoid immediately responding to information provided via email until you have first verified the source. Confirm the information contained in an email by speaking directly with the parties in question.
• Be skeptical of any request for money made via email, particularly if accompanied by claims of urgency or necessity.
• Do not respond to unsolicited email such as “spam,” since these emails may potentially contain software that is harmful to your computer and which may be designed to compromise your passwords and other personal identifying information.
• Be extremely cautious about sending any personal identifying information, banking information, or any other sensitive information in response to email requests. Unless you are expecting such a request, or you have initiated them yourself, in most instances you should not be sending this information to anybody.
• Be cautious about any emails which appear to come from financial institutions. Many scams involve emails that appear to be legitimate bank communications and even provide links to the financial institution’s web site. These links may look exactly like the actual bank’s web site, but in reality, may be capturing the login and password information that you provide.

New Drunk Driving Laws Take Effect in August

2010-07-18T20:04:00.000-07:00

Attorney Steven Getman is reminding New Yorkers that new penalties for drunken driving take effect next month.

“The state’s new DWI law takes effect August 15,” Getman said. “This law forces anyone convicted of Driving While Intoxicated, even first-time offenders, to equip their vehicles with ignition locks.”

These locks, Getman explained, are intended to make it impossible for anyone to drive drunk.

Drivers will need to blow into a nozzle when starting their cars, Getman said.

Blowing more than a .025 percent blood-alcohol content will lock the car’s ignition. Some models will also sound an audible alarm.

According to Getman, the new law requires the devices in even in the family cars of convicted drivers, meaning that family members will have to submit to the same tests in order to use the vehicles.

The interlock devices are estimated to cost up to $100 to install and then another $70 to $110 a month -- paid for by the defendant -- for a minimum of six months.

“The punishments for those convicted of DWI are severe,” Getman noted. “In addition to fines and jail, the convicted drunk driver can lose both their ability to drive and, in some cases, the ability to travel to and from employment.”

According to Getman, any person accused of Driving While Intoxicated should retain the counsel of a legal professional to insure that they are fully aware of their rights and responsibilities under the law.

New York's Family Health Care Decisions Act

2010-06-25T13:36:00.000-07:00

Attorney Steven Getman is reminding New York families that the state's "Family Health Care Decisions Act" is now in effect.

"This law establishes the authority of a patient's family member or close friend to make health care decisions for someone who is incapacitated and cannot make his or her own medical decisions," Getman explained.

"The family member or friend would also be empowered to direct the withdrawal or withholding of life-sustaining treatment when the requirements set forth in the law are met."

The law only applies to patients who did not leave prior instructions or appoint a health care agent. Valid health care proxies and other forms of medical instructions remain in effect. New Yorkers are still encouraged to prepare a health care proxy, Getman noted.

"The proxy form can be tailored to give the agent as much or as little authority as the individual desires, and the agent must make decisions in accordance with the principal’s wishes or, if such wishes are not known, in accordance with the principal’s best interests," he said.

More information on the new law can be found here. Getman suggests that anyone with questions about the new law and how it might affect themselves or their loved ones should contact a qualified attorney of their own choosing to discuss their legal rights and responsibilities.

New Law on Recycling Computer Parts, Printers

2010-06-06T17:51:00.000-07:00

From the Auburn (NY) Citizen:

Under the law recently signed by Gov. David Paterson, all manufacturers that sell covered electronic equipment in the state must have a free, convenient electronic waste, or "e-waste," recycling program in effect by April 1, 2011.

The law also makes it illegal for individuals to dispose of electronic waste at landfills, effective Jan. 1, 2015.

The law covers televisions, VCRs, DVD and mp3 players, game consoles, fax machines, and computers and their peripherals such as monitors, keyboards, mice, scanners and printers.

The complete text of the new law can be found here.

Area Forum Examines Tax Credits, Scams

2010-05-31T06:34:00.001-07:00

From the Ithaca Journal:

A community forum on the 2-1-1 system, the earned income tax credit and consumer scams is planned for 4:30 p.m. Wednesday in the BorgWarner Meeting Room of the Tompkins County Public Library, 101 E. Green St.

Reservations may be made by calling 607-272-6286 or 2-1-1.

Latest Legal Links of Interest

2010-05-17T18:40:00.000-07:00

A collection of recent news stories about the law:

Community Leaders Urge Safe Prom and Graduation Celebrations

Tioga County to hold annual Elder Law Clinic

Wegmans alerts consumers to fraudulent checks

Court rules out some life sentences

Cornell study: jurors reward the good-looking, penalize the unbeautiful

Changes in New York Law Affect Teenaged Drivers

2010-05-03T14:08:00.000-07:00

Ovid, NY (May 3, 2010)—Attorney Steven Getman is reminding teenaged drivers and their parents that new restrictions on graduated licenses are in effect.

“The New York State legislature has amended several sections of the Vehicle and Traffic Law that affect graduated drivers,” Getman explained. “These changes took effect in late February and will affect many of the state’s teenaged drivers.”

According to Getman, the changes include:

• A junior learning permit must be held at least six months before a junior license issued.
• The number of non-family passengers under the age of twenty-one who may ride in a motor vehicle with the junior operator has been reduced from two to one.
• The number of supervised driving hours before an applicant may take the road test has increased from twenty to fifty hours, including fifteen hours after sunset.
• New provisions related to penalties for violating the graduated licensing laws have been added.

The changes to the law are contained in Chapter 403 of the laws of the 2009, Getman noted.

More information on the new law can be found here. Parents and teen drivers who have questions about how the new laws affect them are encouraged to consult with an attorney of their own choosing, Getman said.

Beware of Phone Scammers Using Social Media

2010-04-19T06:56:00.000-07:00

New York State Police are warning upstate New York residents of telephone scams involving social media:

There have been reports of individuals receiving phone calls from a person pretending to be a relative or friend stating that they are in trouble and that they require immediate financial assistance. The perpetrator will request a sum of money be transferred via Western Union to a location which is typically out of the country.

It is believed that the person(s) involved in this scheme, obtain the victim's personal information via social networking websites such as MySpace or Facebook. The suspect(s) are able to obtain information as to where the friend or relative may be vacationing to add legitimacy to the call.

Posting information on when you will be vacationing invites the possibility of criminal activity and makes an excellent tool for criminals to plan their activities.

Former Supervisor Cleared of Ethics Charges

2010-04-07T10:52:00.000-07:00

Finger Lakes Times:

Former Fayette Supervisor Edward Barto has been cleared of ethics charges filed against him by Concerned Citizens of Seneca County.

County Attorney Frank Fisher reached that decision in a Jan. 15 opinion, but it was not made public until this week by Barto’s attorney, Steven Getman of Ovid.....

Barto, reached Tuesday, said he was pleased that the complaint was dismissed. But he expressed frustration at the group’s tactics and the fact that Fisher’s decision was not given to him or made public by the citizens group.

“I’m glad to hear that the county confirmed that I did nothing wrong,” Barto said. “I always did my best to uphold the integrity of my office, and this opinion supports that.”

“At the same time, I think it stinks that this special interest group had no problem smearing me publicly when it suited their political whim and then, after I was cleared, they never said anything about it,” he said. ““I had to get an attorney to find out the complaint had been dismissed.”

Getman said he hopes the parties can discuss their issues more amicably in the future.

“Reasonable people can and do disagree on environmental issues,” Getman said. “But it ill-serves the public debate when one side or another tries to criminalize policy differences.’’

Speeding cushion no more?

2010-04-05T09:30:00.000-07:00

According to Syracuse news channel YNN, "more and more drivers nationally are getting pulled over and ticketed for only being just a few miles over the limit":

A study published in the Journal of Law and Economics found the number of tickets officers write goes up when the economy is down especially as states and cities across the country use traffic enforcement to balance their budgets.

A speeding ticket, whether deserved or not, can have serious impacts on your insurance rates and even your privilege to drive within the state. If you receive a ticket, even if it is for only a few miles over the speed limit, you may wish to consult a qualified attorney to protect your legal rights.

Verdict Reached in Seneca County Prison Assault Trial

2010-03-10T16:46:00.000-08:00

Finger Lakes Daily News:

A Seneca County jury found a former Five Points Prison inmate “not guilty” of felony assault and harassment charges and “guilty” of a misdemeanor charge following a three-day trial in County Court.

According to defense attorney Steven Getman, the defendant, Jesus Torres (age 33), was originally charged with Assault Second Degree and Aggravated Harassment of an Employee by an Inmate, both felonies.

The charges stemmed from an incident at the prison in August 2007. Torres was alleged to have intentionally injured one corrections officer and intentionally spit blood on another, during or following a fight with another inmate.

However, after the close of evidence, both charges were dismissed. Instead, the jury found Torres guilty of the lesser charge, Assault Third Degree.

The defense had asked that the jury consider the reduced charge on the theory that Torres may have acted recklessly, but did not intentionally injure the guard, Getman explained. In addition, the defense argued in court, there was insufficient evidence that Torres had intentionally spit blood on a corrections officer. In particular, Getman criticized the state corrections officials for not authorizing DNA testing that could have helped prove guilt or innocence.

Assistant District Attorney Mark Sinkiewicz had asked the jury to convict the defendant as charged, alleging that the prosecution had proven its case.

After approximately four hours of deliberations, the jury returned its unanimous verdict.
Following the verdict, County Court Judge Dennis Bender set Torres’ sentencing for April.

At sentencing, Torres faces up to one year in jail and a fine. Had he been convicted as charged he could have been sentenced to up to seven additional years in state prison.

After the current charges were filed Torres was transferred out of Five Points and sent to another facility. According to the New York State Department of Corrections website, Torres will be eligible for parole in 2013.

Carbon-monoxide detectors now mandatory in New York

2010-02-19T12:35:00.000-08:00

Gannett News Service:

Starting Monday, a new law will go into effect requiring carbon-monoxide detectors in nearly all New York ... residences.

Previously, the devices were only required in homes built after 2002.

The law does not require detectors in houses that have only combustion-free appliances, like an electric furnace or stove. Residences built after 2008 must have a permanent detector hard-wired in.

Your Right to Remain Silent

2010-02-04T09:13:00.000-08:00

A law school professor and former criminal defense attorney tells you why you should never agree to be interviewed by the police:

It's not a short video (it is about forty-five minutes long) but it does an excellent job explaining the fundamentals of the Constitutional Right to Remain Silent under the Fifth Amendment.

Craigslist Internet house-rental scam making the rounds in area

2010-02-01T18:07:00.000-08:00

From the Ithaca Journal:

[T]he scammers cull real estate Web sites, replicate home sale ads and post them to Craigslist -- with their own e-mail address -- under housing rentals without Craigslist's knowledge.

The scammers sometimes ask for credit and work histories and Social Security numbers, which are used to commit identity fraud. Craigslist was notified, the FBI added, cautioning renters to deal only with local landlords, be wary if asked to only use a wire-transfer service, be suspicious of e-mails written in poor or broken English, be wary of ads with rental prices significantly lower than the average area rates, and to not reveal personal data like Social Security, bank account, or credit card numbers.

Police are investigating a recent case involving Seneca and Tompkins Counties:

The crime involved an Ithaca house advertised for rent, with pictures, on Craigslist, the victim said. He and his fiancée went to the address, saw that it matched the pictures and was vacant, and expressed interest via the e-mail address listed in the ad.

According to the victim's account, a man claiming to be the owner replied, saying that he and his wife belonged to a local church, were working as missionaries in Nigeria and needed tenants to house-sit. The man gave him his and his wife's names.

They spoke on the phone and he agreed to send a $1,166 security deposit via Western Union, and the man gave a FedEx tracking number and promised to send the keys. He sent the money Saturday, but when he went to the house again, he found a man and woman moving in.

When he called the man back, the scammer made excuses and tried to say the other couple was actually moving out. The victim reported the crime to the Seneca County Sheriff's Office, which is turning the case over to the Ithaca Police Department.

Any one who believes he or she was the victim of an internet scam should make sure to contact law enforcement and, if appropriate, an attorney of their own choosing to review their legal rights.

Tally in for southern Seneca red kettle drive

2010-01-24T17:26:00.000-08:00

From the Ithaca Journal:

volunteers invested 162 hours in raising a record $1,539.53 at Ovid's Big M ($787.50), the Ovid McDonald's ($395.44), the Ovid post office ($230.66) and the Interlaken post office, ($125.87)...[the fundraisers included]Janie Nusser, school district superintendent, and attorney Mark Sinkiewicz, of Ovid, president of the board of education. Another attorney on duty was Steven Getman of Interlaken.

Charity Watch lists The Salvation Army among its most trustworthy charities. According to the site, "Groups included on the Top-Rated list generally spend 75% or more of their budgets on programs, spend $25 or less to raise $100 in public support, do not hold excessive assets in reserve, and receive "open-book" status for disclosure of basic financial information and documents to AIP."

I am honored to be allowed to participate in this annual fundraising event and urge others to join us in raising funds during next year's event.

Beware of phony earthquake relief appeals

2010-01-19T11:47:00.000-08:00

The tragedy in Haiti has resulted in an outpouring of sympathy and charitable giving to the victims of the earthquake. Unfortunately, not every request for assistance is coming from a reputable relief organization. Some solicitations are from scam artists.

Here are some tips from Charity Navigator and the Better Business Bureau for people who want to make donations:

*Avoid newly formed charities and give to an established charity that has worked in Haiti. Find a charity with a proven track record of success in providing disaster relief and one that has worked in Haiti. You can find a list of highly-rated charities on Charity Navigator’s Web site. You can also research charities on the Web sites of these organizations: Better Business Bureau, American Institute of Philanthropy and Guidestar.

*Do not give to the Haitian government. Haiti is known to be a corrupt country.

*Designate your donation. With disaster related giving, you should specify that you want your donation used only to respond to this particular crisis, rather than letting the charity spend the money as it sees fit.

*Be leery of people contacting you via e-mail claiming to be a victim. Unless you personally know someone in Haiti, anyone alleging to be in this situation is most likely part of a scam.

*Avoid telemarketers. Hang up the phone, do your homework and give directly to a charity.

*Find out if the charity is providing direct aid or raising money for other groups. Some charities may be raising money to pass along to relief organizations. If so, you may want to consider “avoiding the middleman” and give directly to charities that have a presence in the region.

New Laws for the New Year

2010-01-03T07:58:00.000-08:00

Approximately one dozen new laws took effect January 1 in New York State. These laws include the following:

# S.66026/ A.40026: Provides retirement benefits for new entrants to certain public retirement systems;
# S.5472-A/A.8402-A: Enhances consumer and provider protections by instituting a series of managed care reforms through limitations on denial of claims for pre-authorized health care services; relates to grievance procedures; relates to managed care health insurance contracts; relates to determinations involving urgent care by utilization review agents.
# S.8376-A/A.11752: Relates to identity theft, protection of sensitive personal information, employee personal identifying information and crime of unlawful possession of a skimmer device.
# S.8715/A.11759: Establishes clear rules for determining when livery drivers in New York City, Westchester and Nassau Counties are employees or independent contractors of livery bases, and creates a fund to give independent contractor livery drivers workers’ compensation benefits in certain circumstances where no-fault automobile insurance does not provide any or sufficient coverage.
# S.2810/A.1001: Authorizes the use of titles, initials or abbreviations of names as signatures on absentee ballots.
# S.56-B /A.156-B: Enacts Part QQ, Sections 1 and 2: To amend the workers’ compensation law, in relation to calculation of assessments.
# S.57-B/A.157-B: Enacts Part Z, Sections 2-a and 3-a: To amend the social service law, in relation to the pass-through, disregard and assignment of support for persons applying for or in receipt of public assistance, and collection of a twenty-five dollar annual service fee for child support enforcement services furnished to certain persons receiving such services.
# S.58-B/A.158-B: Enacts Part C, Section 27: To amend the public health law, in relation to payment by governmental agencies for general hospital inpatient services,
# S.522/A.1559: Requires a board of elections in a city of over one million to provide the same information in Russian that it provides in languages other than English.
# S.3330/A.8088: Adds providers of voice over internet protocol service (VOIP) to current standards.
# S.4135-A/A.6718-B: Removes excess barriers to dental residencies and permit dental residents to take the mandated dental ethics training course during the period of their residency.
# S.8122/A.10979: Exempts State-chartered credit unions from the special additional mortgage recording tax

The full text of each law may be found here.

If you believe that any of these laws may impact you or your business, you may wish to contact an attorney to review the legislation and advise you as to your responsibilities and rights under the statute.

New DWI Laws Take Effect Friday

2009-12-14T18:25:00.000-08:00

From Gannett News:

Tougher laws on drunk drivers who have a child in the car are set to take effect Friday.

The new law, known as Leandra's Law, makes it a felony to drive with a blood-alcohol level greater than .08 and a passenger in the car under the age of 16. A first offense will carry a potential prison sentence of up to four years; up to 15 years if a child passenger is seriously injured; and up to 25 years if a child is killed....

The law also requires drivers charged with drunk driving with a child in the car to surrender their licenses pending prosecution. And if convicted, an ignition-interlock system must be installed in the car for at least six months. The system requires a clean Breathalyzer test to start the car. On Aug. 15, the law will expand to require the system for any driver convicted of misdemeanor or felony DWI.

Search for Unclaimed Cash

2009-12-13T15:57:00.000-08:00

Many New Yorkers have unclaimed property. This property could include utility deposits, forgotten bank accounts and insurance benefits.

Click here for a useful site to find unclaimed property that belongs to you. Just click on your state and enter your name. You’ll get a list of unclaimed property that might be yours. You’ll also find information on claiming it.

New York Law Puts Some Children Back in Booster Seats

2009-11-24T10:07:00.000-08:00

The Post-Standard (Syracuse New York):

Just in time for Thanksgiving travels, a change in a state law will require all children under 8 years old to sit in a child safety seat or booster seat.

Under the current law, children were required to be in a child seat or booster seat until their 7th birthday. The new law takes effect Tuesday (November 24).

Parents can be fined anywhere between $25 and $100 and receive three points on their license for not following the law.

Town of Romulus Now Regulates Puppy Mills

2009-11-22T09:26:00.000-08:00

Finger Lakes Times:

ROMULUS — The Town Board has banned so-called puppy mills.

Meeting Nov. 18, members voted unanimously to permanently regulate “inhumane’’ facilities whose purpose is to breed puppies for sale.

The law follows a nearly two-year moratorium on puppy mills.

It requires pet breeders to provide humane housing for dogs and cats and ensure that such animals are treated properly. It provides for periodic inspections and penalties for cruel treatment.

The law was drafted by the town Planning Board, headed by Barry Roach, and attorney Steven Getman.

New DWI Penalties Proposed

2009-11-17T11:57:00.000-08:00

Gannett News reports:

The state Legislature is expected to pass legislation that would toughen drunken-driving laws, making it a felony for driving while impaired with a child as a passenger.

The measure would also require people convicted of a DWI in New York, and every person convicted of a DWI-related crime, to have an ignition interlock installed as a condition of their sentence.

NY texting while driving ban starts Sunday

2009-10-30T16:07:00.000-07:00

WHAM-TV:

The state-wide ban on texting while driving goes into effect on Sunday....Violators face fines up to $150 if caught using handheld devices or laptops to send or read text messages, images or data while a vehicle is moving.

Ovid Attorneys Work to Preserve Historic Local Courthouse

2009-10-26T12:08:00.000-07:00

Gannett News service:

Trustees of the Friends of the Three Bears, a nonprofit organization working to preserve and find new uses for the Seneca County courthouse complex in Ovid, have decided to create some new positions to lessen the workload on their president of the past six years, Dan Motill....

Ovid attorney Mark Sinkiewicz has been selected to serve in the newly created position of administrative president. The other duties of president will be spread among other people. Another attorney, Steven Getman ... former Seneca County attorney, has taken over the duties of secretary...

More information on the Friends of the Three Bears can be found here.

State ends first-time home buyer incentive program

2009-10-23T12:09:00.000-07:00

As reported here:

A new incentive program offered by New York state to encourage first-time home ownership has halted its application process.

Less than two month after rolling out the Mortgage Credit Certificate program, the state asked its lenders this week to stop taking general applications....The program was meant to bridge a gap for first-time buyers who may have run out of time to qualify for the $8,000 federal tax credit

New York Troopers launch cell phone crackdown on Thruway

2009-10-12T09:24:00.000-07:00

More here. As noted in the article, "drivers caught breaking the law face a maximum fine of $100, along with a mandatory $60 surcharge."

Presentation: Stopping Scam Artists Before They Strike

2009-10-08T10:06:00.000-07:00

A representative from the New York State Attorney General's Office will be in Waterloo on Thursday, October 22 at 11:30 a.m. The purpose of the talk is to advise senior citizens on how to stop scam artists.

More details here.

Village Refusal to Release Records to Child's Attorney Questioned

2009-08-28T14:42:00.000-07:00

WATKINS GLEN (AUGUST 28)--The New York State Committee on Open Government has called into question a decision by Watkins Glen officials to deny a child’s attorney access to police reports involving that child's home.

According to attorney Steven Getman he requested the records June 12 as part of his preparation for a Family Court case involving the child’s home life. As part of that preparation, Getman said, he learned about a suspected break-in at the child’s residence and sought Village Police records about the incident to determine its relevance to the case.

At the time he made the request, Getman said, he presented the police with a copy of an order from the Schuyler County Family Court. That order, Getman noted, directed any agency having information about the child to provide him with copies. Getman also cited the New York State Freedom of Information Law (FOIL) in his request.

On June 29 police officials issued a decision refusing to release any records. According to the one-sentence decision the FOIL request was “Denied: Ongoing Investigation.” Later, in a July 16 letter, village officials again upheld the refusal, claiming that “no part of the records” Getman requested were available under FOIL.

Getman forwarded that letter, and his original applications, to the New York State Committee on Open Government and requested that it issue an advisory opinion on the Village’s refusal.

In a letter dated August 24, Robert Freeman, the committee’s Executive Director, encouraged the village to reconsider its actions. Noting that Getman, as attorney for the child, was acting as the child’s “law guardian,” Freeman opined that this appointment was “to ensure that the best interests of [the] child are … met.” He also noted that the Family Court order directing agencies to provide Getman with information about the child was “clear and unequivocal.”

“In an effort to encourage the Village to reconsider its blanket denial of your request, copies of this opinion will be forwarded to Village officials,” Freeman wrote.

As of August 28, Getman said he still hadn’t received any of the requested records. However, given the Committee’s advice, Getman hoped that the Village would respond and provide them shortly, or give a valid explanation as to why the records were withheld.

(UPDATE: On September 2, attorneys for the Village contacted Getman and stated that they were working with the Police Department to release the appropriate records.)

New Laws to Effect Divorcing Parties’ Rights

2009-08-10T20:02:00.000-07:00

Attorney Steven Getman is reminding New Yorkers that three laws will take effect this fall that directly impact matrimonial actions in that state.

Effective September 1, the Domestic Relations Law will provide for automatic stays whenever a matrimonial action is filed. According to Getman, these automatic stays are designed to prevent parties from transferring, disposing of or borrowing against assets “except in the usual course of business or for customary or usual household expenses, or for reasonable attorney's fees in connection with [the] action.” They also prohibit a divorcing spouse from removing the other party or the children from any existing medical, hospital and dental insurance coverage.

“The intent of this legislation is to preserve the status quo during a matrimonial proceeding.” Getman explained.

In addition, Getman said, under the new laws, courts must take additional steps to insure that both parties are notified as to the possible effects of a divorce on the right of each spouse to be covered by the other’s health insurance plan. That provision takes effect October 9.

Finally, the law has been amended to add the loss of health insurance coverage to the statutory factors a court must consider in making an award of Equitable Distribution and/or spousal maintenance, Getman noted. This measure is effective Sept. 26, 2009.

“These significant changes, effective in September and October, will directly impact on the rights of couples divorcing in New York State,” Getman said.

“Therefore, anyone contemplating dissolving their marriage should make sure to discuss these changes, and other legal issues related to separation and divorce with a qualified matrimonial attorney of their own choosing.”

Attorney Warns: Beware Of Asphalt Paving Scams

2009-07-21T20:39:00.000-07:00

Attorney Steven Getman is warning area residents to beware of scams concerning asphalt paving and driveway sealing.

The scams crop up every summer and follow a similar pattern, Getman said.

“Homeowners or merchants will be approached by a paving company rep making a cold call to say he's got asphalt left over from another job, and offering patchwork repairs at a low price,” Getman explained.

However, once an oral agreement is struck the pavers will commence to refinish the entire driveway or parking lot, and then present the victim with an exorbitant bill.

Sometimes when victims balk at paying, they are intimidated and threatened, police said.

Other times, the scammers offer a lifetime guarantee, but often the quality of the material used and application is inferior, and the work begins to crack quickly.

“Unfortunately, the paving crew is long gone by the time you discover you have a problem,” Getman said. “It may cost you more to redo the driveway after that.”

According to Getman, methods used by disreputable paving contractors can include:

• Little or no preparation work.
• Using cheap material
• Not using enough material
• Using untrained or inexperienced employees
• No way to contact them for repairs or follow up
• Intimidation or threatening of clients

Getman suggests that consumers take the following steps to protect themselves against scam companies:

• Contact the Better Business Bureau (BBB) for any complaints.
• Ask for local references and verify that the contractor is in compliance with local licensing, bonding and insuring requirements.
• Ask for identification and make note of the license plate number on the contractor vehicle.
• Solicit two or three bids for the work you are planning, but don't automatically accept the lowest.
• Make sure all bids are based on the same materials.
• Read all agreements and guarantees before signing.
• Make sure you understand all terms and conditions.
• Never sign a contract with sections left blank.
• Do not pay for work in advance. Pay by check when the work is completed to your satisfaction.

“There are plenty of quality local contractors in our area, so be wary of transient pavers,” commented Getman.

Getman recommends that anyone who's had contact with what they believe to be a fraudulent paving company to contact their local police department and/or a competent attorney to review their legal rights.

Seneca-Schuyler Scenic Byway Moving Forward

2009-07-13T09:40:00.000-07:00

From the Ithaca Journal:

People working on the nomination packet proposing a scenic byway designation for a 19-mile sector of state Route 414 are hoping their goal is in sight.

****

The nomination packet, all 190 pages compiled over a period of nearly seven years, was forwarded to state Department of Transportation officials in Hornell in February for their consideration.

If the packet gets the green light, it will go to the state's Scenic Byway Advisory Committee for further consideration, possibly in September. Next in line, unless changes are recommended, is the state Legislature and finally the governor.

****

Scenic highways are those with unusual scenic, recreational, cultural or historic significance that are managed to encourage economic development through tourism and recreation.

There are more than 2,600 miles of scenic highways in New York state.

The section they are working on runs from Lodi in Seneca County south to Watkins Glen in Schuyler County.

Heading the local byway committee is chairman Barry O'Neill of Lodi.

[Chris] Kimball-Peterson of Hector is treasurer. Victoria Kelly, also of Hector, is secretary. A board of directors consist of Bruce Adams and George Kellogg, both of Hector, and attorney Steven Getman

I am happy to be involved in such a worthy cause. For anyone interested in more information, or to support this project, please click here.

Beware These Online Scams

2009-06-24T07:30:00.000-07:00

Nine Nasty Online Scams You Need to Be Aware Of:

1. Asian Invasion: The "Asian Extortion Scam" targets business owners, mostly of Asian decent, with death threats and other violence. Scammers pluck personal information about their targets from online searches and use the sensitive data to make victims feel vulnerable. The extortionists, who appear to be calling from outside the U.S., generally demand between $10,000 and $30,000 — though the FBI says there have been no reports of actual violence stemming from the schemes.

2. Mystery Shopping Scam: Some companies pay "mystery shoppers" to act as sample customers and test out the service at stores, banks and restaurants. But scammers are now targeting stay-at-home moms with "opportunities" to be defrauded of thousands of dollars. Victims receive a letter in the mail from a company offering about $400 for shopping at a few stores, along with a check for thousands of dollars to fund the purchases. The victim deposits the check into their back account, stops by a few stores and is then asked to wire about $2,000 back to the company. But when the original check bounces, victims are out the $2,000 they wired back — plus all the money they spent to go shopping.

3. Hit Man Scam: In the Hit Man e-mail scheme, scammers send letters claiming that the boyfriend, girlfriend or spouse of the recipient has arranged for their death. Another version says a loved one will be kidnapped unless an advance ransom is paid out immediately, naming specific relatives (information found courtesy of ... more online searches). [S]ome recipients feel anxious when the sender names their loved ones, which can make them more apt to believe the threat is authentic.

4. Million Dollar Scam: If you're offered a shot on the "Oprah Millionaire Contest Show," you're not going to be the lucky winner of $1 million — you're the target of a new scam. In order to participate, recipients of the scam e-mail must first send their contact information and are required to buy airfare and a ticket to the show in advance. Victims are later asked to fill out questionnaires seeking detailed personal information, which can put them at risk for identity theft. Other scammers have been mailing counterfeit checks with a letter that claims recipients they have won the "Oprah Show Summer Sweepstakes" — a contest that ended in 2006.

5. Grandparents Scam: "Hi grandma, it's your favorite grandson," says a scammer on the line. "Tommy, is that you?" "Yes, grandma, it's Tommy. Listen, my wallet was just stolen and I've lost all of my money. Do you think you could send me some to make it through the end of the month?" Unsuspecting victims, momentarily confused or suffering from hearing loss, go along with the story and wire money out — up to $15,000 in the case of one giving grandmother who thought she was sending $15,000 to help cover an auto accident, according to the Better Business Bureau.

6. Military Wheels: People posing as U.S. troops have been posting to classifieds Web sites offering cars on the cheap that they have to sell quickly before being deployed to Afghanistan or Iraq. The scams typically claim there is a third-party protection program to ensure a safe transaction, but when payments are sent to the "secure" service, victims either don't receive the car, or get stolen vehicles or ones with a salvaged title.

7. Jury Scam: Victims of the Jury Scam get an e-mail containing a fake subpoena ordering recipients to testify before a grand jury, complete with seemingly genuine details like your name, a case number and court seal. But the e-mails contain malware that can ruin a computer. Another version of the scam involves a phone call in which the caller claims to be a jury coordinator and intimidates victims into revealing personal information. Once the caller gets a victim's Social Security Number and birth date, it's all over.

8. Border Bust: Spam claiming to be from a former assistant commissioner of U.S. Customs and Border Patrol says a foreign diplomat has been stopped with a consignment of thousands or even millions of dollars, which was found to be an inheritance for the recipient. Victims who get drawn in receive more e-mails claiming it is a crime to carry the consignment into the U.S., and demands personal information and a $250 fee to prove the recipient was not involved in a terrorist act. If they fail to do so, the spammers tell their victims they are proving they intended to smuggle the money into the U.S., which is a federal offense. Victims never receive a dime but will continue to get e-mails demanding more money for fees in connection with getting their "inheritance."

9. FBI Scams: The FBI says there have been "tons of complaints" about e-mails from people claiming to be FBI agents. Some appear to be from the Internet Crime Complaint Center and say the recipient has extorted money and must refund the money or face prosecution. Others, from the non-existent Anti-Terrorist and Monetary Crimes Division, inform recipients that they are the beneficiary of millions in inheritance. To claim the money, recipients must supply their full name, address and bank account number. Scammers even incorporate the names of top FBI executives into their e-mails by reading authentic FBI press releases, lending an air of credibility.

Don't fall for online tricks. These scams can cause you to lose large sums of money and result in "identity theft." If something sounds too good to be true, it almost always is. If you see an email that looks like a scam, don't hesitate to contact local law enforcement or seek the advice of a competent attorney.

Reminder: New Power of Attorney Law Takes Effect September 1

2009-06-22T15:10:00.000-07:00

Effective September 1, new laws are in effect for powers of attorney. These requirements include:

• New rules for giving power of attorney and for serving as an agent or “attorney in fact.”
• Some power of attorney forms will no longer be valid after the effective date.
• Some of these changes affect existing powers of attorney.

More on the new laws can be found here. These changes may make obtaining or giving a power of attorney after September 1 more complicated--and expensive.

Please make sure that your power of attorney and your agent are in compliance with this new law. Speak to an attorney to protect your rights before the September 1 deadline.

Divorce packet forms updated

2009-06-04T08:23:00.000-07:00

From the New York Daily Record:

The New York State court system recently updated the forms for its free “Divorce Packet” to reflect statutory changes that address medical insurance and domestic violence issues.

The revised forms and instructions can be found here.

Town Board rules in SPCA’s favor

2009-05-19T10:54:00.000-07:00

From the Finger Lakes Times:

The [Fayette] Town Board has overruled the town Planning Board, determining that the Seneca County Society for the Prevention of Cruelty to Animals is not violating town zoning code.

*****

The Town Board approved a motion 4-0 saying the SPCA was “grandfathered” in under the current town code and can continue operating.

“We are convinced that the rules were followed and were properly interpreted, so this is the best resolution,” said Edward Barto, town supervisor.

Jenny McWhorter and Stephen Webb have operated the SPCA for the past six years on Webb’s property.

****

“This is such a load off our minds,” McWhorter said of the Town Board’s decision. “We were worried that the outstanding zoning issue would hurt our mission and damage our fundraising.”

She said she was grateful to the board and Town Attorney Stephen Ricci for reviewing the matter with SPCA attorney Steven Getman of Ovid.

Getman, who did not charge for his services, was also pleased.

“It was always our position that the shelter was operating legally,” he said. “Not only was it there before the current town zoning code was adopted, but as a duly incorporated SPCA, [it] serves a valid, public purpose in promoting animal welfare.”

NY court: Police need warrants for GPS trackers

2009-05-12T14:17:00.000-07:00

From the Associated Press:

New York’s top court says police cannot place GPS trackers on suspects’ vehicles without first getting a court warrant showing probable cause the drivers are up to no good.

The Court of Appeals [held] the tracker state police planted on Scott Weaver’s van for 65 days in 2005 violated his constitutional protections against unreasonable searches.

Weaver was convicted of burglary based in part on GPS data that showed him in a suburban Albany department store parking lot before a break-in. He will get a new trial with that information excluded.

Read the whole decision here.

Attorney Opposes Joint Trials as Prejudicial to His Client

2009-05-06T11:20:00.001-07:00

From the Finger Lakes Times (May 6, 2009):

The Seneca County District Attorney’s Office wants to try siblings William, Stephanie, Justin and Brandon Meacham of Seneca Falls and Angela Wheeler of Waterloo together, along with Marvin Snyder of Seneca Falls, Stephanie Meacham’s boyfriend.

During Monday’s court session, lawyers for Brandon and Justin Meacham did not object to consolidating the trials.

But lawyers for the other defendants did, saying a consolidated trial would hurt their clients, whom they claim have different issues and defenses that merit separate trials.

****

Steven Getman, Wheeler’s lawyer, said his client has no prior criminal record. He said statements her brother, William, made to police are vague about her involvement and could be prejudicial.

****

Getman said the fact that some attorneys oppose consolidation and others don’t shows there are conflicting defenses.

“That itself seems to show why a joint trial could be unduly prejudicial,” he said.

Consumers Warned: Beware of Swine Flu Scams

2009-05-02T06:55:00.000-07:00

The Better Business Bureau is warning consumers to be on the lookout for fraudulent e-mails and Websites trying to take advantage of the current swine flu outbreak. The group is offering the following advice to avoid swine flu scams:

• Avoid opening e-mail from an unknown source and do not click on any links in the body of the e-mail or open any attachments. Instead, delete the email or report it to the Federal Trade Commission by forwarding the e-mail to spam@uce.gov.

• Don't believe online offers for vaccinations against swine flu because a vaccine does not exist. For more information on swine flu and updates on progress in fighting the outbreak, go to www.cdc.gov/swineflu

• Make sure your anti-virus and anti-spyware software is up to date and all operating system security patches have been installed. If your computer becomes infected as the result of a spam e-mail about swine flu, you can report it to the Internet Crime Complaint Center at www.ic3.gov.

New Passport Rules for Canadian Travel Coming Soon

2009-04-25T23:49:00.000-07:00

OVID, NY--Attorney Steven Getman is reminding upstate New York residents that new federal laws regarding travel to Canada will take effect in slightly over a month.

Beginning June 1, all U.S. citizens ages 16 and older will need to show either a U.S. passport book, a passport card or an enhanced driver's license when traveling to and from Canada.

The changes are part of the Department of Homeland Security's 2008 Western Hemisphere Travel Initiative, Getman explained.

Passports, which are valid for 10 years, cost $100 for those 16 and older and $85 for those younger than 16.

Passport cards cost $45 and are valid for 10 years, while an enhanced driver's license costs $30 on top of a normal driver's license fee, and is good for eight years.

For more information click here.

Seneca County SPCA Zoning Defended

2009-04-15T12:23:00.000-07:00

Excerpt from the Finger Lakes Times:

FAYETTE — For six years, Jenny McWhorter and Stephen Webb have operated the Seneca County Society for the Prevention of Cruelty to Animals on their property at 4438 County Road 121.

And all that while, they thought they were in compliance with local zoning laws.

But the Town Board adopted a new land use plan in 2008.

McWhorter said Fayette Planning Board chairman and Town Highway Superintendent Roswell Parks told her in November that the shelter was not only in violation of the new zoning law but hadn’t been in compliance with the old codes, either.

According to McWhorter, Parks told her the Planning Board would most likely deny the SPCA a permit or variance if it requested one.

****

Then, on March 12, McWhorter was served with a violation notice by the Seneca County Building and Code Enforcement Office.

It claimed the not-for-profit shelter was in violation of the new Fayette land use plan as a commercial kennel.

McWhorter, though, said she believed her operation was “grandfathered” and legal.

“We have not had any complaints from our neighbors or incidents with our dogs from 2003 to the present time,” McWhorter said. “We take extreme measures to assure we do not bother anyone, and [we] keep dog waste picked up and disposed of properly daily.”

Former County Attorney Steven Getman of Ovid has agreed to assist the SCPA.

New York High Court to Review Warrantless GPS Use

2009-03-23T12:24:00.000-07:00

From the New York Post:

New York's top court will consider Tuesday whether police violated the constitutional rights of a burglary suspect when they attached a global positioning tracker to his van without a court warrant.

Scott Weaver, convicted of burglary in part because of the Christmas Eve 2005 GPS data, said both his state and federal rights against an unreasonable search were violated. State police tracked his van to the parking lot of a suburban Albany department store that was later burglarized.

****

The trial judge refused to suppress the GPS evidence. A midlevel state court concluded 4-1 the device provided essentially the same information as constant visual surveillance, which requires no warrant. A dissenting justice said citizens have a reasonable expectation their every move won't be monitored by a technical device without their knowledge.
****

the legal test in previous federal case law turns on whether a device augments sensory perception, such as with a simple radio beeper as a tracking device, or actually goes beyond human senses, such as using thermal imaging devices to see what's happening indoors.

New York DWI crackdown under way statewide

2009-03-13T08:27:00.000-07:00

From Gannett news:

The second of seven STOP-DWI crackdown periods across New York this year is under way and will continue through St. Patrick’s Day on Tuesday, the state Department of Motor Vehicles has announced.

During the enforcement wave, state, county and local law enforcement agencies will be out in force, using sobriety checkpoints and saturation patrols to deter drunk driving and ensure road safety, according to a news release.

Motorists are reminded that driving with a blood-alcohol content of .08 percent or higher will put them over the limit and under arrest, the release says.

Obviously, the best way to avoid a DWI arrest or conviction is to not drink and drive.

However, anyone charged with, or questioned regarding, an alcohol-related motor vehicle offense should immediately contact an attorney to review their rights.

New York's New Power of Attorney Law

2009-03-09T15:46:00.000-07:00

Ovid, NY--Attorney Steven Getman is reminding senior citizens and their families that major changes to the New York Power of Attorney Law will take effect this fall.

These changes include:

• The agent (the person getting power of attorney) must sign and date the power of attorney and the agent's signature must also be acknowledged (notarized). Previously, only the principal (person granting the power of attorney) was required to sign the document before a notary.
• If the principal wants the agent to have the authority to make gifts, additional requirements must be met. They include the principal initialing a separate provision granting gift-making authority and the execution of a "statutory major gifts rider" which must have two witnesses.
• Agents will now be subject to a “prudent person standard of care” with defined responsibilities. This includes keeping records (with receipts) on the agent’s transactions.
• The new power of attorney form has an optional provision that the principal can appoint a “monitor” to request and receive records of transactions by the agent.

“Most of the changes apply only to powers of attorney executed on or after the effective date. However, the provisions regarding fiduciary responsibilities apply to all powers of attorney including those executed before the effective date,” Getman noted.

The new power attorney law was originally scheduled to take effect March 1. However, on February 25, Governor Paterson signed legislation to delay the effective date until September 1, 2009.

“Anyone in New York state who plans to grant power of attorney, or accept the power of attorney, as well as those who currently have powers of attorney, should make sure to contact a competent attorney to discuss the new law, and make sure that they are in compliance with it,” Getman said.

More information on the new law can be found here.

Can You Plea-Bargain in a Traffic Case? That Depends

2009-02-22T12:18:00.000-08:00

The New York Times:

For years it was a normal routine in traffic courts in towns and villages across New York State: Drivers would negotiate at the courthouse with the state trooper... who cited them for moving violations to reduce the charge. The judge would then make it official.

But the State Police, citing ethical concerns, issued an order in 2006 banning the practice....Now, some lawyers have taken an unusual approach to challenge the ban: fighting tickets using a law established after the Civil War to protect the rights of former slaves.

The lawyers have cited the equal protection clause of the Fourteenth Amendment, which mandates that laws be applied equally to everyone, to argue that the State Police policy prevents drivers from receiving equal justice. Whether a driver can negotiate a lower fine, the lawyers say, depends on where they get a ticket and from whom.

Even routine traffic tickets can have serious impacts on a driver's insurance premiums and, in some cases, their license to operate a motor vehicle. Drivers who receive a ticket should always consider contacting a competent attorney of their own choosing before pleading guilty or attempting to plea bargain the ticket.

Beware Tax Scam Emails

2009-02-19T19:05:00.000-08:00

From the Washington Post:

The Internal Revenue Service is warning U.S. taxpayers to be prepared for a steady increase in scams and virus attacks via e-mail, telephone and the Web as the April 15 tax-filing deadline approaches.

The most common type of scam arrives via e-mails claiming to come from the IRS or Treasury Department. They typically try to either scare consumers into thinking there is an error with their tax filing, or that they are eligible for a tax rebate or benefit from the government economic stimulus package that just passed on Capitol Hill.

These so-called "phishing" e-mails typically arrive in an e-mail that urges users to visit a site, which in turn prompts visitors to enter their personal and financial data, information that is then sent off to identity thieves.

"The Internal Revenue Service does not communicate with taxpayers via unsolicited e-mail," said J. Russell George, treasury inspector general for tax administration.

Company Held Liable for Unwanted Faxes

2009-02-12T08:59:00.000-08:00

From the New York Law Journal:

Carnival Corp., the world's largest cruise ship operator, faces damages of up to $2 million following a judge's finding that the company violated a federal statute by faxing a travel agent between 540 and 1,387 unsolicited advertisements over the course of about four years.

Eastern District of New York Judge I. Leo Glasser held that the faxes violated the Telephone Consumer Protection Act of 1991, which bars the use of any "telephone facsimile machine ... to send an unsolicited advertisement."

Businesses which might be contemplating the use of a fax machine to send advertisements should take heed of this decision before doing so. At the same time, consumers or others who might be on the receiving end of such faxes may wish to contact an attorney to review their legal rights.

Attorney Warns Homeowners: Beware of Deed “Scam”

2009-02-10T20:41:00.000-08:00

OVID, NEW YORK--Attorney Steven Getman is warning homeowners not to fall for mail solicitations offering certified copies of property deeds.

The mailings, Getman said, typically include proper names, addresses and accurate dates for when the property owners’ deed was filed. It also calls the document an important one to have on hand.

The notice then offers to provide the homeowner with certified copies for approximately $60.00 to $70.00. The fee, the letter states, includes postage and handling, location and retrieval of the data.

At best, Getman said, the offer is a grossly overpriced service.

“Your local county clerk's office provides certified copies of deeds for substantially less,” Getman said. “Usually they charge about sixty-five cents a page for the deed, which is typically a four or five page document, plus a $5.00 certification fee.”

In addition, Getman explained, may counties will allow residents to view their deeds on the county’s computer system at no cost.

According to Getman, a new law took effect in October that requires that these solicitations include that fact that customers can obtain a certified copy of their deed from their county clerk for less than $20.00. This law, Getman said, is in response to concerns raised last year when many New York State residents received these notices in the mail.

“A given offer may or may not be illegal, but it’s so unfair to charge that much more for something that you can get at your local county clerk’s office,” Getman noted.

Getman urged anyone who receives a solicitation of this nature to contact their local county clerk or an independent attorney of their own choosing to review their legal rights.

Lawsuit against Zoning Board dismissed

2009-01-13T19:02:00.000-08:00

From the Penn Yan Chronicle-Express:

PENN YAN — A Penn Yan couple’s lawsuit against the Town of Jerusalem’s Zoning Board of Appeals was dismissed on Thursday, January 8.

In a lawsuit filed in October 2008, petitioners R. Parker Reynolds and Brenda Reynolds claimed the board illegally denied them a variance to allow recreational vehicles or campers in their mobile home park, located on Route 54A.

However, at last Thursday’s hearing in Yates County Supreme Court, attorney Steven Getman, representing the town, argued that the board had followed state and local law in denying the variance. Getman noted that the Town Zoning Code treated campgrounds and campers differently than mobile homes and that state law set minimum requirements for mobile home parks that prevented the town from granting a variance. He also cited court cases that held a zoning board’s decision should not be disturbed “unless it was arbitrary, illegal or capricious.”

Finally, Getman told the court, the petitioners had not presented the board with any valid evidence of financial hardship that would justify a variance under state law.
Therefore, Getman argued, the lawsuit should be dismissed.

Appearing for the petitioners, attorney Derek Brocklebank told the court that the zoning board should have made more findings on the record before denying the variance. He also argued that the distinctions between mobile homes and recreational vehicles or campers were inadequate to justify rejecting the Parkers’ application.

After hearing from both attorneys, acting State Supreme Court Justice Dennis Bender tossed the lawsuit. Bender ruled that the Reynolds had failed to justify overturning the zoning board’s decision. Therefore, he held, their petition should be dismissed on the merits.

New York Decision on Animal Cruelty May Have Broad Implications for "Puppy Mills"

2008-12-18T12:38:00.000-08:00

A New York City Criminal Court has concluded that a man who failed to provide medical treatment for his dog can be prosecuted for animal cruelty.

Writing in People v. Curcio, 2008KN021343, Judge Michael Gerstein held that the state law prohibiting “Overdriving, Torturing and Injuring Animals [or] Failing to Provide Proper Sustenance for Animals” applied to a man who failed to bring his ailing 2-year-old dog to a veterinarian for at least a week after discovering a tumor on the dog’s hindquarter:

Defendant [allegedly] knew the dog had a mass on its rear end and that Defendant did not and would not take said dog to the veterinarian for medical attention. The Complaint further alleges that because of Defendant's failure to seek medical attention, saving the dog's life required surgery and six days of intensive care and that Defendant's lack of care caused [the dog] to suffer needlessly [and] are sufficient to establish a prima facie case.

This failure, the Judge held, could be construed as “further[ing] any act of cruelty to any animal, or any act tending to produce such cruelty" in violation of New York State Agriculture and Market Law.

Therefore, the court denied Mr. Curcio’s motion to dismiss and allowed his case to proceed to trial.

The court’s decision, if upheld and followed elsewhere, could have broad implications against operators of so-called “puppy mills,” in which dogs are often mistreated and over bred. Prior to this decision, many local jurisdictions refrained from investigating or prosecuting mill owners, due to questions regarding the application of state animal cruelty laws to situations where a dog had adequate food and shelter, but may have suffered in other ways.

However, the principles set forth in the Curcio decision could encourage those authorities to be more vigilant against large commercial breeders whose operations inflict needless suffering on companion animals.

Lodi takes step to form planning board

2008-12-14T10:00:00.000-08:00

From the Finger Lakes Times:

The Town Board Thursday passed a motion to begin the process of forming a five-member planning board.

[Supervisor Lee Davidson] has sought the assistance of attorney Steven Getman in enacting a local law to form the board.

Davidson has also consulted with Getman on the possibility of a one-year moratorium on new subdivisions within the town, in conjunction with the town’s effort to implement a Farmland Protection Program.

Town Clerk Lois Jennings said she was pleased to see a step toward town planning, noting that she frequently receives phone calls from attorneys asking about land use restrictions ....