Wednesday, November 29, 2017

Supreme Court cellphone tracking case to redefine privacy in the digital age

Washington Post:
The Supreme Court will hear arguments this Wednesday in Carpenter v. United States, a criminal case testing the scope of the Fourth Amendment's right to privacy in the digital age....

The defendant was convicted of leading a gang of robbers. The prosecution produced cellphone-tower data that tracked the whereabouts of Carpenter's cellphone for more than four months and placed him at or near the sites of a string of armed robberies. The police acquired the data from Carpenter's wireless carriers without a warrant showing probable cause.

A majority of the U.S. Court of Appeals for the 6th Circuit held that ...Carpenter had voluntarily conveyed data revealing his location to wireless carriers -- the third-party operators of the cell towers. He knew, or should have known, that the wireless carriers were free to track his locations and furnish the information to the police.

Monday, November 27, 2017

Veterans Law Clinic Announced at Hofstra Law

The Robert W. Entenmann Veterans Law Clinic will become a clearinghouse for veterans services, providing legal assistance and connecting them to vital medical, social service and mental health resources. It is being supported by a $500,000 gift through the Entenmann family, and is named in memory of Robert W. Entenmann.

The Veterans Law Clinic assists veterans with legal services related to physical and psychological challenges, including traumatic brain injury, post-traumatic stress disorder, and other injuries incurred during military service. The clinic helps veterans obtain health care benefits, including cases to obtain Veterans Administration benefits, appeal denials of disability compensation claims, and request increased compensation.

The clinic will also use web-based software to create a virtual clinic to increase its capacity to provide services to those veterans whose mobility may be limited. In addition, the clinic will develop a number of legal resources for veterans, such as “Know Your Legal Rights” guides, will form relationships with other community stakeholders to collaborate and integrate services, and will organize outreach events to expand the veterans’ support network.

For more information, click here.

Wednesday, November 22, 2017

Statewide ban on e-cigarettes indoors in New York starts today

© 2017 Advance Media New York:
A statewide ban on using e-cigarettes indoors in New York takes effect today.

Gov. Andrew Cuomo signed a new law last month adding e-cigarettes to the state's Clean Indoor Air Act... Vaping is now banned in the workplace, on public transportation, indoors at all public and private colleges and in other areas.

It is also now banned in outdoor areas where smoking is also forbidden.

More on the new law here and here.

Monday, November 20, 2017

New Measures to Enhance the Delivery of Justice in New York Criminal Cases

Implementation of New Measure Aimed at Enhancing the Delivery of Justice in Criminal Cases:
To help prevent wrongful convictions and enhance the delivery of justice in criminal matters, Chief Judge Janet DiFiore today announced the adoption of new rules that will
require judges presiding over criminal trials to issue an order notifying and reminding prosecutors and defense attorneys appearing before them of their professional responsibilities....

Trial court judges in applicable cases will issue an order to the prosecutor responsible for the case to timely disclose exculpatory evidence favorable to the accused − called Brady material (referring to the landmark U.S. Supreme Court decision Brady v. Maryland, that in criminal cases prosecutors must disclose all evidence that could be materially favorable to the defense) − as required by the federal and state constitutions, statutory and ethical rules....

Additionally, trial judges in criminal cases will be required to issue a directive focusing on the defense counsel’s obligations to provide constitutionally effective representation in the case, such as keeping the client informed about the case, providing reasonable advice regarding any plea offers, and performing a reasonable investigation of both the facts and law pertinent to the case.

Read more here.

Monday, November 13, 2017

U.S. Supreme Court Moves to e-filing.

The United States Supreme Court’s new electronic filing system begins operation on Monday, November 13, 2017.

The filing system will not be part of PACER, and attorneys will need to pre-register.

Additional information about the system is available here.

Monday, November 6, 2017

New York Courts Seek Comment on Proposal to Amend Non-discrimination Rules

The New York State Administrative Board of the Courts is seeking public comment on a proposal to amend various rules of the Unified Court System to prohibit discrimination based on "gender identity" and "gender expression."

The proposal seeks to amend the following rules:

• Attorney Rules of Professional Conduct (22 NYCRR Part 1200);
• Rules of Judicial Conduct (22 NYCRR Part 100);
• UCS Code of Ethics for Nonjudicial Employees (22 NYCRR Part 50);
• Rules of the Chief Judge, Career Service (22 NYCRR Part 25).

The Request for Public Comment includes the relevant rules, as well as a memorandum by the Chief Administrative Judge of the New York State Courts, Hon. Lawrence Marks, which claims that the current non-discrimination policies are "not inclusive of all the members of the LGBTQ communities," and "[e]xtending these provisions to include 'gender identity' and 'gender expression' will aid in the public efforts to institutionalize the Judiciary's commitment to eradicating discrimination and bias against all persons regardless of their sexual orientation, gender identity, or gender expression."

Persons wishing to comment on the proposed amendments should e-mail their submissions here or write to:

John W. McConnell, Esq., Counsel
Office of Court Administration
25 Beaver Street, 11th Fl.
New York, New York 10004.

Comments must be received no later than Feb. 2, 2018.

Thursday, November 2, 2017

Schuyler County Real Property Tax Foreclosure: Notice of Petition and Petition

In The Matter Of Foreclosure Of Tax Liens By Proceeding In Rem Pursuant To Article Eleven Of The Real Property Tax Law by the County of Schuyler.


Index No. 16-195
Date of Filing Notice and Petition: 

Please take notice that on the 1st day of November 2017, the Treasurer of the County of Schuyler, pursuant to law, filed with the Clerk of Schuyler County a petition of foreclosure against various parcels of real property for unpaid taxes. Such petition pertains to the following parcels: [see exhibits A, B, C and D, annexed hereto].

1. Effect of Filing: All persons having or claiming to have an interest in the real property described in such petition are hereby notified that the filing of such petition constitutes the commencement by the Tax District of a proceeding in the court specified in the caption above to foreclose each of the tax liens therein described by a foreclosure proceeding in rem.

2. Nature of Proceeding: Such proceeding is brought against the real property only and is to foreclose the tax liens described in such petition. No personal judgment will be entered herein for such taxes or other legal charges or any part thereof.

3. Persons Affected: This notice is directed to all persons owning or having or claiming to have an interest in the real property described in such petition. Such persons are hereby notified further that a duplicate of such petition has been filed in the office of the Enforcing Officer of the Tax District and will remain open for public inspection up to and including the date specified below as the last day for redemption.

4. Right of Redemption: Any person having or claiming to have an interest in any such real property and the legal right thereto may on or before said date redeem the same by paying the amount of all such unpaid tax liens thereon, including all interest and penalties and other legal charges which are included in the lien against such real property, computed to and including the date of redemption. Such payments shall be made to: Harriett E. Vickio, Treasurer, County of Schuyler, 105 Ninth St, Unit 17, Watkins Glen, NY 14891.  In the event that such taxes are paid by a person other than the record owner of such real property, the person so paying shall be entitled to have the tax liens affected thereby satisfied of record.

5. Last Day for Redemption: The last day for redemption is hereby fixed as February 20, 2018

 6. Service of Answer: Every person having any right, title or interest in or lien upon any parcel of real property described in such petition may serve a duly verified answer upon the attorney for the Tax District setting forth in detail the nature and amount of his or her interest and any defense or objection to the foreclosure. Such answer must be filed in the office of the County Clerk and served upon the attorney for the Tax District on or before the date above mentioned as the last day for redemption.

7. Failure to Redeem or Answer: In the event of failure to redeem or answer by any person having the right to redeem or answer, such person shall be forever barred and foreclosed of all his or her right, title and interest and equity of redemption in and to the parcel described in such petition and a judgment in foreclosure may be taken by default.


The above-captioned proceeding is hereby commenced to enforce the payment of delinquent taxes or other lawful charges which have accumulated and become liens against certain property.

Annexed hereto is a true copy of the list of delinquent taxes recorded pursuant to section eleven hundred twenty-two of this title, as the same shall have been annotated from time to time by the county clerk pursuant to law, as of the date this petition was executed.  The parcels to which this proceeding applies are those set forth in such list, excluding only those parcels which have been marked “redeemed,” “withdrawn” or “canceled” on such list by the county clerk pursuant to law. In the case of parcels marked “partially redeemed” but not marked “redeemed,” the proceeding applies only to the unredeemed portion of the parcel. All parcels on the list which are unmarked or which are marked with any other notation are subject to this proceeding. Such petition pertains to the following parcels: [see exhibits A, B, C and D, annexed hereto and made a part hereof].

This document serves as both a Petition of Foreclosure and Notice of Foreclosure for purposes of this proceeding.

The above is true under the penalties of perjury.

DATED: November 1, 2017
Treasurer, County of Schuyler
105 Ninth St, Unit 17
Watkins Glen, NY 14891
Tel: 607.535.8181
Enforcing Officer

Attorney for the tax district:
Schuyler County Attorney
105 Ninth Street, Unit 5
Watkins Glen, NY 14891
Tel: 607.535.8121