Tuesday, January 19, 2016

New York Appellate Court now live broadcasting oral arguments.

The Supreme Court, Appellate Division, Third Department is now live broadcasting oral arguments on its website.

Oral arguments are typically scheduled for two weeks every month. There is usually one session of oral arguments each day, beginning at either 9:30 a.m. or 1:00 p.m. Daily session calendars are available on the court's monthly term calendar.

The Appellate Division, Third Department, which is located in Albany, is one of four Appellate Division Departments. Each Department exercises appellate jurisdiction in a separate geographic region.

The Appellate Division is New York State's intermediate level appellate court. It hears appeals from trial courts and has power to review both law and facts in civil and criminal cases. Appeals from the Appellate Division are taken to the Court of Appeals, the State's highest court. The bulk of all appellate review in New York State is provided by the Appellate Division.

Monday, January 4, 2016

Analysts: Obama's gun control options each have legal pitfalls

From Reuters:
The Washington Post and Politico reported late last week that one of Obama’s main proposals would require some unlicensed gun dealers to get licenses and conduct background checks on potential buyers. Current law exempts smaller dealers who often operate at gun shows and sell online.

Obama... could act through an executive order, which would be immediate and carry the force of law. It would also almost certainly prompt lawsuits ... claiming the president lacks the authority to change the legal definition of who must obtain a dealer’s license....

Obama could take the less risky path on guns by directing the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to redefine its guidance on who is considered a dealer under federal gun law. This would be advisory and lack the force of law, which would mean that prosecutors could not rely on it when pursuing small gun dealers....

Obama could choose an even more cautious route and direct the ATF to begin the formal administrative rulemaking process to change its regulations for who is considered a firearms dealer under the existing Gun Control Act. Agency action that includes the chance for public comment would create an enforceable rule that would likely pass legal muster, but that process probably would not conclude before Obama leaves office in January 2017....

The Second Amendment of the U.S. Constitution protects the right of Americans to keep and bear arms.

Regardless of what steps Obama might take to increase the number of dealers who must conduct background checks, legal experts said that he cannot accomplish his desired gun control agenda - like boosting oversight of gun show sales - through executive action alone.

Friday, January 1, 2016

New laws for the New Year

January 1, 2016 will see many new laws take effect nationwide.

In New York State, those laws include the following:

• A minimum wage hike
• A tax Cut for businesses
• New breastfeeding rights
• Expansion of Telehealth services
• Increased veterans property tax exemptions
• Expedited access to Child Protective Services records to aid in locating missing children
• A “Women's Equality Agenda”

If you believe one or more of these laws will affect you, do not hesitate to contact an attorney to advise you of your rights and responsibilities under these new laws.

Stay safe, stay informed and have a Happy New Year.