New laws for New York in 2020

Gannett News reports on a number of the new laws enacted by the New York State Legislature and scheduled to go into effect on January 1, 2020. They include:

• Adoptees can access birth certificates;
• Farmworkers get overtime pay, mandatory rest;
• Cash bail, discovery reforms;
• Safety course requirement for motorboats;
• Teens can 'pre-register' to vote;

For more on these new laws, click here.

New York courts and officials prepare for implementation of bail and discovery reforms. New resources available.

With the discovery and bail reform laws taking effect January 1, 2020, judges, attorneys and other court officers have new resources to help them prepare for and comply with the new procedure:

• New York's Discovery Reform Law: A Bench Book for Judges serves as a guide to the many aspects of the reform such as the prosecutor’s discovery obligations, the defendant’s reciprocal discovery to prosecution, timing requirements, protective orders, and trial readiness.
• New York's Bail Reform Law: A Bench Book for Judges provides information about the new law and gives attorneys notice on information upon which judges are likely to be relying.

In addition, the Queens District Attorney's Office has compiled a list of those crimes for which bail no longer will be an option.

For more on discovery reform laws, click here.   For more on the bail reform laws, click here.

National Human Trafficking Summit

The Association of Prosecuting Attorneys (APA) is hosting the inaugural National Human Trafficking Prosecutorial Summit on January 7-8, 2020.

The summit will focus on the needs of jurisdictions responding to human trafficking cases. Experienced prosecutors and other allied professionals will facilitate discussion and train participants on practical strategies and model policies in the prosecution of human trafficking.

Topics to be discussed include:

Demand Reduction;
Creative Prosecution and Charging Decisions; Working with Victims;
Neuroscience of Trauma;
Task Force Models;
Illicit Massage Parlors; and
Labor Trafficking

For more information, or to register, click here.

New law aims to protect rent-controlled tenants from landlord harassment

New York State enacted A.6188/S.2605 on Tuesday (December 3). According to supporters of the law, it will protect rent-regulated tenants from landlord harassment intended to force tenants out of their homes.

The new law increases penalties for when a landlord seeks to force out two or more rent-regulated tenants by creating unsafe, disruptive, or uninhabitable conditions. A landlord engaging in this conduct against one tenant may be guilty of a Class A misdemeanor for harassing a rent-regulated tenant. Where the conduct impacts two or more tenants, a landlord may be guilty of a Class E felony. A landlord guilty of multiple convictions for misdemeanor conduct under these new provisions within five years can be charged with a Class E felony.

Previously, supporters say, the law only provided protections to tenants who could demonstrate physical injury and failed to take into account the conditions caused by the landlord.

For more information on the new law, click here.

Schuyler and Chemung Counties prevail in emergency tower site appeal.

Albany, New York--Schuyler and Chemung Counties have again prevailed in their five-years-long court battle against an adjoining landowner regarding the counties’ use of the Terry Hill Emergency Tower site (and right of way), owned by Schuyler County,  near Beardsley Hollow Road in Chemung County.

On Thursday (December 5) the New York State Supreme CourtAppellate Division upheld the prior judgment affirming Schuyler and ChemungCounty’s continued right to use the site and related easement for emergencyradio and voice communications.

Schuyler County Attorney Steven Getman

The County of Schuyler was represented on appeal by Schuyler County Attorney Steven Getman.  Chemung County was represented by Syracuse attorney Gabrielle Figueroa.   Elmira attorney Scott Moore represented appellant William Hetrick, the adjoining landowner. 

According to court records, both counties had used the site for radio and voice communication for over fifty years. In 2012, the two counties began to update and replace the emergency communications tower at the site.  Hetrick objected to the upgrade, arguing that it violated a restrictive covenant related to his land.  In October 2014, the counties sought a declaratory judgment from Chemung County Supreme Court.  The counties maintained that the use of the property was proper and necessary for public safety.  Hetrick filed a counterclaim thereafter.  In March 2018, Supreme Court Justice Judith O’Shea ruled in the counties’ favor.  O’Shea held that the new tower and equipment were consistent with the deed language, as was continued cooperation between Schuyler and Chemung counties.

O’Shea’s judgment was unanimously affirmed in Thursday’s ruling.

“We are pleased with the appellate court’s decision,”  Getman said.  “A ruling against the counties could have eliminated a critical public service from Schuyler County.”

The site is the single transmission site for the entire Schuyler Public Safety Communication system, Getman explained.  The county uses this system to dispatch nine volunteer fire departments, three ambulance services, multiple police agencies and local highway departments, he noted.

Various Schuyler County agencies assisted in gathering information and providing evidence to support the counties’ case during the litigation, including:  Emergency Management Director William Kennedy, the County Administrator, the Clerk to the Legislature, the County Clerk, the County Treasurer, the Highway Department and Buildings and Grounds.

Hetrick has approximately thirty days to seek leave to appeal to the New York State Court of Appeals.

Genesee County man sentenced in Schuyler County for failure to pay child support

Watkins Glen, NY (November 25, 2019)--A Bergen (Genesee County) man was given a 120-day stayed jail sentence for not paying past-due child support, following an appearance in Schuyler County Family Court on Monday (November 25, 2019).

According to County Attorney Steven Getman, the respondent was found in willful violation of a prior court order because he failed to pay nearly $7000.00 ($6943.22) in back support for his two children, who reside with their mother in Schuyler County.

Court records indicated that the last payment was made June 2016, Getman said.

After hearing from the parties, Acting Schuyler County Family Court Judge John Rowley determined that the respondent should be punished for contempt of court. Therefore, he sentenced the respondent to 120 days in jail, with the opportunity to “purge” the sentence if he paid at least $3000.00 towards the back child support prior to January 3, 2020. If the sentence is not purged, Rowley held, the man would be incarcerated on that date.

The case was prosecuted by Assistant County Attorney Vinton Bovier Stevens. The respondent was represented by Ithaca attorney Nicole Pence.

Under New York State law, parents who willfully fail to obey court orders of child support can be sentenced to up to six months for contempt of court, Getman noted.

The county attorney’s office represents the Department of Social Services in prosecuting child support cases brought in the family court by that agency. In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.

The county attorney’s office was assisted in the prosecution and presentation of the case by employees of the county’s child support enforcement unit.

The man’s name was not released to protect the privacy of his children and family.

Holiday Shopping Season: Beware these "Black Friday" and "Cyber Monday" scams.

With Thanksgiving only a few days away, the public should look out for the oncoming influx of scams tied to holiday shopping.

Business Insider asked experts for the warning signs that shoppers should be aware of when it comes to Black Friday deals. They include:

• Don't fall for early temptations — the deals could be better on the actual day of Black Friday. Don't fall for early temptations; the deals could be better on the actual day of Black Friday.
• Watch out for deceptive store hours.
• Be careful with handing out sensitive information when you're calling stores to put items on hold.
• Examine all delivery-related emails and texts closely — some of them may not be legitimate.
• Beware of fake offers from non-trusted and third-party sites.
• Don't fall for unusually high discounts or sales.
• Watch out for stores suspending their price-matching policies, or else you could end up stuck with a bad purchase.
• Read the fine print on coupons and promotions — your favorite products might be excluded.
• Be wary of freebies. • Beware of door-buster deals.
• You'd be wise to ignore deals on certain products that will get even cheaper at other times of the year — even as early as December.

Meanwhile, the Detroit Free Press offers other tips to stay safe on Black Friday and Cyber Monday:

• Beware of pitches for hot toys you can't find.
• React fast if your password doesn't work.
• Take the extra steps for ID verification.
• Examine that gift card before you buy it.
• Don't fall for text from the bank — it's a scam.
• Be aware of e-skimming.
• Be wary of attachments in any email that you receive.
• Use a credit card, instead of a debit card online, for more consumer protection.

New York enacts new adoption law allowing release of original birth certificates

From Syracuse.com:

For the first time since 1935 when the state sealed adoption records, adoptees will be able to obtain their original birth certificate when they turn 18 and find out the names

of their birth parents....

New York law prevented... adoptees to obtain their original birth certificates because the state sealed birth records to protect the privacy of mothers and fathers who gave up their children for adoption.

Supporters of the bill argued that times have changed, and that adoption no longer carries the stigma it did decades ago. It’s also easier to track down relatives through advances in genetic testing and online ancestry sites....

The law will go into effect Jan. 15, 2020. The legislation directs the state Department of Health to develop a process to handle adoptee requests for the records.

Notice and Petition of Foreclosure: Schuyler County Index No. 18-224

Please take notice that on the 1 day of November, 2019, the Treasurer, County of Schuyler (the “Enforcing Officer”) of the County of Schuyler (the “Tax District”), 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 and C annexed hereto and made a part hereof].

The last day for redemption is hereby fixed as February 20, 2020.

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.

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.

Schuyler County Notice and Petition in Foreclosure Index No. 18-224 by Steven Getman on Scribd

Shooter’s Group Grades Schuyler Judicial Candidates. Republican Steven Getman Gets Top Grade with “A.”

Montour Falls, NY— The Schuyler County chapter of S.C.O.P.E. (the Shooters Committee On Political Education) has released ratings on the four candidates for Schuyler County Court Judge and Republican Steven Getman was the clear winner.

Getman, currently the Schuyler County Attorney, received a grade of “A,” based on responses to a written questionnaire and responses to questions presented to all four candidates at a recently held S.C.O.P.E. public forum at the Montour Falls Moose Club.

Steven Getman at a
recent "Friends of the NRA" dinner

Getman scored well ahead of his three rivals: Democrat Matt Hayden scored a “B Minus,” while third-party candidates Dan Fitzsimmons and Jessica Saks each came in with a “C minus” for their grades.

An attorney since 1992, Getman has practiced in each of the courts over which the County Court Judge presides: County Criminal, Civil, Family and Surrogate’s. He has also handled dozens of criminal and civil appeals in the New York State Supreme Court Appellate Division. As Schuyler County Attorney, Getman is the chief legal advisor to approximately 250 county employees, including the County Administrator and County Legislature. He and his staff have handled thousands of cases, prosecuted and defended civil actions, appeared in numerous courts, and drafted legislation. In addition, his office prosecutes family court cases involving child abuse and neglect, juvenile delinquency and child support violations. Beyond his service as an attorney, Getman has taught criminal justice and constitutional law as an Adjunct Instructor at Keuka College for the past eight years.

S.C.O.P.E. is a 501 (c) 4 statewide organization since 1965 dedicated to preserving the 2nd Amendment rights of the citizens of New York State through public education and promoting voter participation.

In addition, to the Republican Party, Getman has been cross-endorsed by the New York State Libertarian Party and will appear on that ballot line as well. The general election is scheduled for November 5.

Appeals Court upholds Schuyler County sexual abuse, neglect, finding

The New York State Supreme Court Appellate Division has unanimously affirmed a Schuyler County Family Court order which found that a local man had sexually abused his four-year-old daughter and neglected his three minor children.

According to the appellate court decision “Matter of Lawson O,” dated Thursday (October 17), the Schuyler County Department of Social Services (DSS) had charged the man in family court with abuse and neglect following receipt of a child protective services hotline report in January 2016.     According to testimony before the family court, the daughter had been discovered acting out sexually and then disclosed to a family member that her father had been having oral sexual contact with her.  

Following a fact-finding hearing in 2017, Family Court Judge Dennis Morris determined that the girl's out-of-court statements regarding the alleged sexual abuse were sufficiently corroborated and that the father had abused the daughter, derivatively abused her two siblings and neglected all three of his children.    Therefore, the family court entered an order of protection, directing the man have no contact with the children, other than supervised visitation and communications reviewed and approved in advance by DSS, and directing him to enter sex offender treatment.

The father, through attorney Dana Salazar, appealed, alleging that the family court's finding of abuse was not adequately established by the evidence.

The DSS was represented on appeal by Schuyler County Attorney Steven Getman.  Getman asked the appellate court to uphold the family court findings.      Getman argued that that the girl had demonstrated an “age-inappropriate knowledge of sexual activity" through her behaviors prior to the disclosure, supporting her description of abuse.  He also cited evidence of prior sexual abuse allegations against the father involving other family members, and the father’s admissions that he spent approximately eight months in jail stemming from an earlier sexual abuse charge related to a niece. Getman also pointed out the father had admitted on the stand to lying to law enforcement officials, thereby showing a propensity for dishonesty.    

Following submission of the party’s papers and a review of the record, the appellate court agreed with DSS, finding “a sound and substantial basis exist[ed] in the record to support Family Court's finding that respondent abused the daughter.”   Therefore, it upheld the Family Court order in all respects.

The court’s decision does not name the father or the children, using pseudonyms to protect the children’s privacy.    

The father has approximately thirty days to seek leave to appeal the decision to the New York State Court of Appeals.     

The Schuyler County Department of Social Services is the lead civil investigative agency for cases of alleged child abuse and neglect. The Schuyler County Attorney is the prosecuting attorney for all county agencies involving civil cases, including family court matters involving abuse and neglect.

Both agencies were assisted in the investigation of the case by members of the Schuyler County Sheriff’s department.

A complete copy of the decision is available here. 

Frankly Speaking with Steven Getman

On Tuesday morning, Republican candidate for Schuyler County Court Judge Steven Getman appeared live on Frankly Speaking with Frank Acomb on News Talk 1230/1450 AM & 106.9FM WENY!

We hope you could tune in to listen!

October 7 is World Day of Bullying Prevention

STOMP Out Bullying Announces World Day of Bullying Prevention and National Bullying Prevention Awareness Month, October 2019

In honor of October's National Bullying Prevention Month, STOMP Out Bullying™, the leading national nonprofit dedicated to changing the culture for all students, calls on the nation to support their mission by raising awareness around the need to develop a society focused on kindness and inclusivity.

"We have always been an organization dedicated to spreading kindness and preventing bullying and cyberbullying. However, this year, we are encouraging communities, youth, students and society to use their voice to make bullying history," said Ross Ellis, CEO and Founder of STOMP Out Bullying™. "This October, we mark 14 years as an organization. I never want to see another child in pain," added Ms. Ellis. "And I never want to hear the words, 'I want to die.'

For more information, click the link above.

Second phase of New York's "Raise the Age law" goes into effect

Second phase of Raise the Age law, impacting 17-year-olds, goes into effect

Beginning Tuesday, 17-year-old criminal offenders will no longer be automatically sent into to the adult criminal justice system in New York.

The second phase of the Raise the Age law went into effect at midnight; it applies specifically to 17-year-old offenders.

For more on the law click here.

Schuyler County Honors Sept 17 as Constitution and Citizenship Day

The Schuyler County Legislature has enacted a resolution recognizing Tuesday September 17 as Constitution and Citizenship Day.

The resolution, submitted by County Attorney Steven Getman, urges civil and educational authorities of states, counties, cities and towns to make plans for the proper observance of the day and “for the complete instruction of citizens in their responsibilities and opportunities as citizens of the United States and of the State and locality in which they reside.”

It was unanimously passed by the legislature at its September 9 meeting.

September 17 marks the anniversary of the signing of the United States Constitution, which, the resolution notes, "is the supreme law of the land and the document by which the people of this country self-govern."

In remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution of February 29, 1952 (36 U.S.C. 106), designated September 17 as “Constitution Day and Citizenship Day."

SCHUYLER COUNTY RECOGNIZES SEPTEMBER 17, 2019 AS CONSTITUTION AND CITIZENSHIP DAY by Steven Getman on Scribd

Congressman Tom Reed Endorses Steven Getman for Schuyler County Court Judge!

"I'm proud to support Steven Getman in the November 5th election for Schuyler County Court Judge. While extremists play the part of being pragmatic, Steven Getman is committed to fairness. Steve is a lifelong Republican who stands for our values and principles. He also is exceptionally qualified, and I urge every voter in Schuyler County to support Steven Getman." -Congressman Tom Reed

Schuyler County schedules medication take back days

County residents can bring their old or expired medications to a secure drop off location on the dates listed below.

New York's 'red flag law' drawing mixed reviews

WHEC TV:

Stepping in before it's too late. That's the goal of New York's red flag law.

With the law now in effect, gun control advocates like Sarah Dumrese say the law could prevent future mass shootings....But not everyone sees it the same way.

"Boom, your guns are gone," Ken Mathison said.

Mathison co-chairs the Monroe County chapter for the gun education group Shooters Committee on Political Education (SCOPE). He says the law is unconstitutional and that it lacks the right protections for legal gun owners.

Happy National Dog Day

About National Dog Day:

National Dog Day celebrates all breeds, pure and mixed and serves to help galvanize the public to recognize the number of dogs that need to be rescued each year, either from public shelters, rescues and pure breed rescues.

National Dog Day honors family dogs and dogs that work selflessly to save lives, keep us safe and bring comfort.

Dogs put their lives on the line every day - for their law enforcement partner, for their blind companion, for the disabled, for our freedom and safety by detecting bombs and drugs and pulling victims of tragedy from wreckage.

New York's new Domestic Violence laws take effect

New York state officials have enacted three new pieces of legislation that aim to expand protections for victims of abuse and domestic violence.

These measures are intended to:

• broaden the definition of domestic violence to include forms of economic abuse, including identity theft;
• give victims the choice to vote by mail-in ballot, even if they remain within the county where they are registered to vote; and
• allow victims to report abuse to any law enforcement agency in New York State, regardless of where the violence originally took place.

For more on these new laws, click here.

New York State passes law allowing emergency responders to remove distressed pets left in cars

WENY-TV:

Under the new law, firefighters and other emergency personnel will be allowed to remove pets from unattended cars under conditions that endanger the animals' health or well-being, such as extreme temperatures.

The law goes into effect immediately.

Savona man jailed on family court’s child support warrant

A Savona man was remanded to jail on a Family Court warrant, tied to his failure to pay child support, on Wednesday (August 7, 2019).

According to County Attorney Steven Getman, the respondent was previously found in willful violation of an existing court order because he failed to pay $475.00 in back child support for his two children, together with an additional $344.00 in judgments.  According to court records, the respondent was scheduled to appear for sentencing on the violation July 16, but failed to do so, resulting in Family Court Judge Joseph Cassidy issuing a warrant for his arrest.

The respondent was later located in Steuben County, after the Schuyler County Attorney’s office determined he was on probation in that county for an unrelated criminal offense, Getman noted.    He was taken into custody in Steuben County and transferred to Schuyler County for further proceedings on the warrant.

The respondent was arraigned before Montour Falls Village Justice Donald Spaccio, who continued bail at $475.00 and remanded the respondent to jail pending the next Family Court date.

Schuyler County Attorney Steven Getman

Getman represented the petitioner at the court appearance.   The respondent was represented by Schuyler County Assistant Public Defender Valerie Gardner.

“Under New York State law, parents who willfully fail to obey court orders of child support can be sentenced to up to six months for contempt of court,” Getman said.  “Furthermore, support violators who do not appear in court as ordered, can be subject to a warrant of arrest.”

The county attorney’s office represents the Department of Social Services and Probation Department in prosecuting child support cases brought in the family court by those agencies.  In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.

The man’s name was not released to protect the privacy of his children and family.

Article: The Shocking Lack of Lawyers in Rural America

The Atlantic writes that "while cities are trying to reform their criminal-justice systems, smaller, more far-flung locales are struggling to provide basic services."

While it is well known that public defenders’ caseloads are untenably high in jurisdictions nationwide, prompting lawsuits, the situation is particularly dire in largely rural states such as Louisiana. These so-called legal deserts may have only one or two defense attorneys, who are usually near retirement with no one to take their place. In Mississippi, defendants routinely wait up to a year to even get assigned counsel. In Minnesota, counties can span hundreds of miles and court may sit only twice a month, requiring staff and lawyers to drive an hour each way.

Meanwhile,several counties in New York, including Schuyler County, "have been implementing the historic reforms to public criminal defense set forth in the 2014 Settlement Agreement in Hurrell-Harring v. The State of New York (Settlement) which received court approval in March 2015."

By ensuring counsel at every arraignment, utilizing uniform criteria and procedures for assessing financial eligibility for assignment of counsel, and taking steps to reduce attorney workloads, the Hurrell-Harring counties and providers have worked tirelessly for four years with the aid of $23.8 million in State funds annually to improve the quality of representation provided in criminal cases.

For more on Schuyler County's work to improve the quality of legal services for indigent defendants, click here.

Changes to New York's landlord-tenant law

Some of the biggest changes are:

• If a tenant is ordered evicted, instead of 72 hours, the court order must give the tenant 14 days.
• If the tenant can pay up, in full, at any time during the eviction process, the landlord has to accept.
• Landlords who unlawfully evict tenants can now be fined and charged with a misdemeanor.
• Landlords cannot use a tenant’s history of evictions or judgments from landlords to refuse to rent to them.
• Landlords have to give written notice when they start eviction proceedings. They cannot start court proceedings for at least 10 days after the tenant is served.
• If the tenant shows up to court and asks for an adjournment, the judge has to grant it and the minimum is two weeks.

For more on the new laws, click here.

Elmira man jailed for failure to pay child support, probation violation

Watkins Glen, NY (July 16)--An Elmira man was given a 60-day jail sentence for not paying past-due child support and violating his probation, following an appearance in Schuyler County Family Court on Tuesday (July 16, 2019).

According to County Attorney Steven Getman, the respondent was found in willful violation of a prior court order because he failed to pay over $2500.00 in back support for his two children and absconded from probation supervision.

Schuyler County Attorney Steven Getman

At Tuesday’s court appearance, Getman noted that the respondent had been placed on probation in 2018 for prior violations of the court’s support orders.    However, Getman said, the respondent continued to miss payments and then absconded to California, causing a warrant to be issued for his arrest.

The last payment was made in September, 2018, Getman said.

Based on the evidence, Getman argued, the respondent should be sentenced to jail.

The respondent was represented by Schuyler County Assistant Public Defender Mark Raniewicz. Raniewicz asked the court to consider releasing his client on a suspended judgment, giving him time to make payments.

After hearing from the attorneys, and the respondent, Acting Schuyler County Family Court Judge Joseph Cassidy determined that the respondent should be incarcerated.  Therefore, he sentenced the respondent to sixty days in jail, with the opportunity to “purge” the sentence if he paid at least $1000.00 towards the back child support.      Cassidy then ordered the man immediately taken into custody by court security.

Getman said he was pleased with the court’s decision.

“This jail sentence sends a message that will hopefully resonate,” Getman said. “Under New York State law, parents who willfully fail to obey court orders of child support can be sentenced to up to six months for contempt of court.”

“Parents who refuse to support their children can, and will, be punished when appropriate.”

The county attorney’s office represents the Department of Social Services and Probation Department in prosecuting child support cases brought in the family court by those agencies.  In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.

The county attorney’s office was assisted in the prosecution and presentation of the case by employees of the county’s child support enforcement unit and county probation department.

The man’s name was not released to protect the privacy of his children and family.

Schuyler County Clerk Theresa Philbin endorses Getman for Judge

Schuyler County Clerk Theresa Philbin is the latest local leader to endorse Republican nominee Steven Getman in this year’s election for Schuyler County Court Judge.

“As your County Clerk, I've seen Steve's work up close for years. He is always level-headed and focused on achieving a fair and just result. He is knowledgeable, understanding and fair in all of his dealings with county employees, elected officials and the public. Steve is right for this position in every way.”

“Theresa is one of Schuyler County’s finest public servants and it’s an honor to have her support in this important election,” said Getman.

Getman and Philbin have worked together extensively to help residents of Schuyler County. For example, earlier this year, they teamed up to help warn residents about a possible deed scam involving a company that sells public information to homeowners about their own properties at inflated costs.

Philbin also noted that, “Anyone who cares about Gun Rights should support Steven Getman. He has been extremely helpful to me by providing advice and counsel related to the Second Amendment and he is a lifelong supporter of our Right to Bear Arms.”

Getman, a resident of Watkins Glen, has been the Schuyler County Attorney since 2015. Prior to that, he served as the assistant county attorney. He has practiced law since 1992, in areas including criminal law, family law, and municipal government. He has helped teach our next generation as an Adjunct Instructor at Keuka College, leading courses focused on criminal justice and constitutional law.

Getman has previously been endorsed by Schuyler County Republican Chairman Van Harp, former County Republican Chairman Lester Cady, former County Republican Chairman and current County Legislator Phil Barnes and Odessa Mayor Gerry Messmer, among others.

In late June, Getman also earned the endorsement and nomination of the full Schuyler County Republican Committee. Getman will be the only county court judge candidate to appear on the Republican line on this November’s ballot.

He has been cross-endorsed by the Libertarian Party as well.

The General Election is slated for Tuesday, November 5.

Schuyler County Clerk Philb... by on Scribd

Schuyler Co. towns agree to work toward agreement with Humane Society

WENY News:

Schuyler County officials say they all have agreed to work toward an agreement to keep their animal control partnership in place with the Humane Society of Schuyler County.

This came after several towns – Montour, Dix, Hector, Catharine, Reading and Tyrone – had all voted to cancel their contract with the Humane Society and create a new agreement with a different animal control entity.

Read the full statement from the Humane Society and the towns here.

Steven Getman Wins Republican Nomination For Schuyler County Court Judge

(Watkins Glen, NY) Schuyler County Attorney Steven Getman is the Republican nominee for County Court Judge following a contested vote tonight.

The Schuyler County Republican Committee met Thursday, June 27, and voted to nominate Getman over fellow Republicans Jess Saks and Dan Fitzsimmons and Democrat Matt Hayden. 

In endorsing Getman, Republican Committee Chair Van A. Harp stated, “During my time serving in the FBI, and on the County Legislature, I worked with countless attorneys from all over the place. Steve ranks among the best attorneys I’ve seen in action. As our current Schuyler County Attorney, he handles some of the most complex and important cases that come into our court system. He understands criminal court proceedings, family court proceedings, and surrogate court proceedings – all of which will be the responsibility of our next County Court Judge.”

“I am humbled and honored by the support of my fellow Schuyler County Republicans,” Getman said. “I plan to run a clean, positive, campaign, based on education, training and legal experience.”

In addition to Harp, Getman gained the written endorsements of past County Republican Chairs Phil Barnes and Lester Cady prior to the committee vote.

“It is my opinion that there is only candidate who is uniquely qualified to effectively serve in all of the roles required of a Schuyler County Court Judge: Steven Getman,” Barnes stated in a letter to the committee.

“Steve is smart, ethical and understands the U.S. Constitution,” Cady wrote. “He is the right person for this job.”

This is Getman’s second endorsement in this year’s judicial race. He obtained the backing of the New York State Libertarian Party earlier this month.

An attorney since 1992, Getman has practiced in each of the courts over which the County Court Judge presides: County Criminal, Civil, Family and Surrogate’s. He has also handled dozens of criminal and civil appeals in the New York State Supreme Court Appellate Division. As Schuyler County Attorney, Getman is the chief legal advisor to approximately 250 county employees, including the County Administrator and County Legislature. He and his staff have handled thousands of cases, prosecuted and defended civil actions, appeared in numerous courts, and drafted legislation. In addition, his office prosecutes family court cases involving child abuse and neglect, juvenile delinquency and child support violations.

Beyond his service as an attorney, Getman has taught criminal justice and constitutional law as an Adjunct Instructor at Keuka College for the past eight years. 

Getman, age 54, is a graduate of Hofstra University, Ithaca College and Cornell University. He is an endowment life member of the NRA and a member of Schuyler County SCOPE (Shooters Committee On Political Education), Millport Hunting and Fishing Club, Community Conservation Club, Schuyler County Arc Nominating Committee, Watkins Glen-Montour Falls Lions Club, Watkins Glen Area Chamber of Commerce, New York State Bar Association, Schuyler County Bar Association, Association of Prosecuting Attorneys, and New York State Defenders Association. He resides in Watkins Glen.

This year’s election will feature the seat for County Court Judge based on the May 30 retirement of Judge Dennis Morris. Due to the timing of Morris’s retirement, candidates are required by law to be nominated by the County Party Committees, rather than through a Primary Election. The Republican Committee consists of thirty local republicans from throughout the county, selected by voters.

The General Election is slated for Tuesday, November 5th.

New York Court allows opioid claims to go forward against current, former directors of Purdue Pharma

Central Islip, NY--A New York State Supreme Court judge has denied a motion to dismiss cases brought by multiple New York municipalities, including Schuyler County, against current and former directors of opioid manufacturer Purdue Pharma.

In a ruling filed Friday (June 21), Justice Jerry Garguilo found thirty-one counties and two cities had alleged sufficient facts to move forward against various members of the Sackler family in order to recoup millions of dollars in costs tied to the opioid crisis.

Among the local counties and cities making claims are Schuyler County, Seneca County, Steuben County, Tompkins County and the City of Ithaca.

According to Schuyler County Attorney Steven Getman, Schuyler County's claims include public nuisance, negligence, fraud and false advertising. 

Pursuant to the June 21 decision, the Sackler family had argued that they were not vicariously liable for the acts of Purdue’s board of directors and that the cities and counties had failed to allege that any of them participated in making the alleged misstatements in the complaint.

However, Garguilo found that, under New York law, directors may be held individually liable for a company’s tort action if they “directed, controlled, approved or ratified” the decision that lead to the injuries.

The complaint, the judge noted, alleged the Sacklers, as “controlling directors” of Purdue, oversaw the company’s marketing and targeting of doctors.  The Sacklers include former Purdue Chair and president Richard Sackler and seven other members of the family.

A public nuisance claim, the judge wrote, “may be an appropriate tool to address the consequential harm from the defendants’ concerted efforts to market and promote their products for sale and distribution, particularly as such efforts are alleged to have created or contributed to a crisis of epidemic proportions.”

Therefore, Garguilo allowed the cases to go forward, pending further discovery and other pretrial proceedings.

One such case was recently brought by Schuyler County. In August 2017, the County Legislature voted to retain the firm of Napoli Shkolnik to work with Getman, as special counsel, to bring an action against the manufacturers and distributers of prescription opiates for damages to the County. In May 2018, Getman filed a nearly 250-page Summons and Complaint for damages to the county. That case was transferred to Suffolk County Courts shortly thereafter, to join other cases brought by various New York state counties.  The counties later added the Sacklers as individual defendants.

“We applaud the court’s decision,” Getman said. “Schuyler County’s lawsuit will move forward to seek reimbursement for its expenses allegedly related to the opioid crisis as well as to provide the County with financial aid to fight addiction, overdoses, drug-related crimes and drug deaths.”

According to Schuyler County Administrator Tim O’Hearn, the lawsuit was filed at no risk to the county, as Napoli Shkolnik will work on contingency basis that will cover all costs associated with the lawsuit.

“By going forward with litigation, the County Legislature hopes to lessen the burden to taxpayers and hold manufacturers and distributors responsible for any role in the opioid epidemic,” O’Hearn said.

Schuyler County is one of several New York municipalities to file lawsuits against the manufacturers and distributors of opioid pain killers. At least thirty-three municipalities across the state are suing pharmaceutical companies for what they claim are deceptive marketing practices.

In addition, in February 2018, New York State officials filed a lawsuit against Insys Therapeutics, Inc., alleging that Insys deceptively promoted prescription opiate Subsys for unsafe uses and violated state law by downplaying drug’s addictive risks.

A copy of the court’s decision can be found here.

A copy of Schuyler County’s Summons and Complaint can be found here

Note: The allegations in a civil complaint are merely accusations and defendants are not considered culpable unless and until accusations are proven by a preponderance of evidence in a court of law.

New York legislature ends session: some of the major laws passed this year

Gannett News service lists the “20 major laws passed at the New York State Capitol this year.” The bills related to a number of areas, including:

1) Abortions
2) Rental laws
3) Marijuana decriminalization
4) Voting law changes, including early voting
5) Sexual harassment, rape law changes
6) Equal pay for equal work
7) Child Victims Act
8) The religious exemption for vaccinations
9) Driver's licenses for undocumented immigrants
10) More Gun control
11) Permanent property-tax cap
12) Immigrants brought into the country illegally as children are now eligible for college tuition aid from New York if they attended high school in the state
13) Eliminating Cash bail for most crimes
14) Gravity knives
15) Climate change
16) LGBTQ rights
17) LLC loophole
18) E-scooters
19) Cat-declawing ban
20) Standardized tests

Governor Cuomo said the new laws make New York the “social progress capital of the United States of America,” while Republic Senator Jim Tedisco predicts the new policies will only intensify the pace of New Yorker’s outmigration to other states.

New York passes the SHIELD Act: law aims to strengthen data security and consumer privacy protections

The New York State legislature has passed The Stop Hacks and Improve Electronic Data Security (SHIELD) Act, related to enhanced protections against data breaches and identity theft.

According to the New York State Attorney General’s office, the bill:

• Expands the scope of information subject to the current data breach notification law to include biometric information, email addresses, and corresponding passwords or security questions and answers; • Broadens the definition of a data breach to include unauthorized “access” to private information from the current “acquired” standard;
• Applies the notification requirement to any person or entity with private information of a New York resident, not just to those that conduct business in New York State;
• Updates the notification procedures companies and state entities must follow when there has been a breach of private information; and
• Creates reasonable data security requirements tailored to the size of a business.

The SHIELD act now goes to Governor Cuomo for his review.

The full text of the bill can be found here.

U.S. Supreme Court has ruled: you can't restrict political yard signs

The New York Civil Liberties Union has stated that a unanimous 2015 decision by the U.S. Supreme Court "clearly called regulating yard signs based on content unconstitutional."

Based on such rulings, the New York Secretary of State has advised: “Some local governments have attempted to deal with the clutter of election campaign signs by limiting the period in which they may be posted. …such local regulations are likely to be struck down by the courts as an unlawful interference with the right of free expression as guaranteed by the First Amendment to the United States Constitution.”

As James Madison once said, “Our First Amendment freedoms give us the right to think what we like and say what we please. And if we the people are to govern ourselves, we must have these rights, even if they are misused by a minority.”

New York enacts Domestic Violence Survivors Justice Act

New York State has passed legislation to expand the situations in which judges can consider domestic violence survivors’ abuse when determining appropriate sentences for victims.

The Domestic Violence Survivors Justice Act (DVSJA) will, according to one report, allow judges to impose an alternative sentence if he or she finds that:

1) the defendant, at the time of the offence, was a domestic violence victim subjected to substantial physical, sexual, or psychological abuse inflicted by a member of the same family or household;
2) the abuse was a significant contributing factor to the criminal behavior; and
3) a sentence under the general sentencing provisions would be ‘unduly harsh.’”

The provisions dealing with resentencing become effective August 12, 2019. For sentences imposed going forward, the law became effective immediately.

The complete text of the law can be found here.

New York State to hold hearings on eligibility for counsel in family court matters

The New York State Office of Indigent Legal Services (OILS) is seeking the views and experiences of public defense providers, litigants, judges, county officials, and others, related to criteria and procedures for determining whether someone qualifies for assigned counsel in family law matters.

Four hearings have been announced:

• May 31, 2019, First Department, New York, NY
• July 17, 2019, Second Department, Brooklyn, NY
• June 19, 2019, Third Department, Albany, NY
• August 14, 2019, Fourth Department, Rochester, NY

Hearings will be held from 1:00 to 4:00 p.m. Requests to testify must be received at least fourteen days before the scheduled hearing. For information on applying to testify in person and/or submitting written testimony, click here.

For more information on OILS, click here.

Schuyler County gives tax-foreclosed property owners another chance

Schuyler County’s annual property tax auction is scheduled for Friday, June 28.   However, county officials are giving foreclosed property owners one last chance to avoid the loss of their land.

On Monday (May 13), the Schuyler County Legislature voted to allow former owners who lost their properties in this year’s foreclosure to submit offers to County Treasurer Holley Sokolowski to buy back the land.  If accepted, County Attorney Steven Getman is authorized to prepare a deed to the former owner, returning the property.

The offer must be accompanied by payment of “the full amount of taxes, penalties, interest and other county expenses involved with the property,” the legislature held. 

 

County Treasurer Holley Sokolowski and County Attorney Steven Getman

Offers can be accepted up to two weeks prior to the auction, or June 14, Sokolowski said.

“After the deadline, any remaining properties will be sold to the highest bidder at the county’s tax auction,” she explained.  

Prior to the deadline, the county provides written notice of the opportunity to the former owners, Getman noted.  

“The notice reminds them of the foreclosure and provides options to avoid the sale,” Getman said. “Notices are sent by mail and, in addition, copies of the court’s foreclosure judgment are served on the properties by the sheriff’s department.”

The foreclosure order transferring ownership of each property to Schuyler County was entered by County Court Judge Dennis Morris on March 29, Getman said.

The May 13 resolution is the latest step in the county’s efforts to collect overdue taxes while keeping people in their homes, Sokolowski said.

According to Sokolowski, each November, the county mails out Foreclosure Notices and Petitions to properties with back tax liens from the prior year.  Those notices go out by both regular and certified mail to property owners, mortgage holders and others with identified interests in the delinquent properties.  The notice warns that failure to pay the back taxes can result in a court order foreclosing on the property.

The county also publishes a list of the delinquent taxes in two local newspapers and, in certain cases, posts warnings on the properties that they could be sold for back taxes, she noted.

In addition, though not required by law, in February, Sokolowski and Getman sent letters, with handwritten notes on the envelopes, to property owners who still had not paid their back taxes, in an effort to prevent foreclosure.

“That cut the delinquent list by more than half,” Sokolowski said. “A lot of people came in and paid when they got the letters.”

Only after each of those steps occurs, Getman explained, does the court enter a judgment foreclosing on the property.  

“Under the law, after the foreclosure order, the county conducts a tax auction in order to satisfy delinquent property taxes,” Getman said.  “At the auction, the successful bidder must pay the taxes due together with any other lawful charges and fees and is given a quitclaim deed to the property.”

The properties to be auctioned will be posted on the county's website as well as in a binder in the treasurer's office, Sokolowski said.

As County Treasurer, Sokolowski is the chief fiscal officer of county government and enforcement officer for unpaid property tax liens. 

As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including tax matters.

The current chair of the Schuyler County Legislature is Dennis Fagan.   The resolution to allow the buy-back was introduced by the county’s “Management and Finance” committee, chaired by legislator Phil Barnes. The resolution passed unanimously among the members present.

For more details on the buyback program, the tax auction and other aspects of the foreclosure process, interested persons can contact the county treasurer (607-535-8181) or visit the county’s website (https://www.schuylercounty.us).

New York Court of Appeals rules Ohio gun seller not subject to injury lawsuit in New York

A gun dealer from Ohio who sold a firearm that was later trafficked into New York and used illegally in a shooting cannot be sued in state court by the victim of that crime, the New York State Court of Appeals ruled May 9.

The court held that Charles Brown, an Ohio gun dealer, couldn’t face the litigation in New York court because he sold the gun in Ohio and had no control over where it would end up after the sale, even if the buyer alluded that he may bring it to New York.

“Despite (the buyer’s) stated aspiration to open a gun shop in Buffalo, the record is devoid of evidence supporting plaintiffs’ theory that, merely by selling handguns to (the buyer) Brown intended to serve the New York market,” the court ruled.

Brown, in this case, was not part of a scheme to traffic guns into New York, the court held. The judges said there was no way for him to know what would happen to the firearms after they were sold so he did not purposefully enter into the New York market at the time.

The buyer later pleaded guilty to federal gun trafficking charges.

Brown's attorney said that "the case's main significance was that this was the lawful sale of a lawful product."

The complete decision can be found here.

New York expands Shock incarceration eligibility, effective May 12.

New York State lawmakers have expanded eligibility for the Shock incarceration program to include persons convicted of certain forms of second-degree burglary and second-degree robbery.

The Shock program provides selected inmates a special six-month program of shock incarceration, that stresses a highly structured routine of discipline, intensive regimentation, exercise and work therapy, combined with substance abuse treatment, education, pre-release counseling and life skills counseling.

A person becomes eligible for Shock when he or she is within 3 years of parole or conditional release, and eligibility is determined on a rolling basis (i.e., the initial sentence can be longer than 3 years).

The changes apply to judicial Shock orders (where the sentencing judge expressly directs that the defendant be enrolled in Shock) and discretionary Shock placement (where the Department of Corrections selects for participation). Judicial Shock orders are otherwise available only for drug and marijuana offenses.

These changes go into effect on May 12, 2019 and do not depend on the date of the offense.

For more information on New York State's shock incarceration program, click here.

Schuyler County Commemorates May 1 as “Law Day”: Law Day 2019 Will Focus on Free Speech, Free Press.

Watkins Glen, New York—The Schuyler County Legislature has recognized as the Law Day 2019 theme “Free Speech, Free Press, Free Society.”

The legislature passed a resolution at its April 8, 2019 meeting, recognizing “Law Day” as an occasion of public acknowledgement of our Nation’s heritage of justice, liberty, and equality under the law. The resolution was submitted to the legislature by Schuyler County Attorney Steven Getman.

“The First Amendment to the United States Constitution protects the right to free speech and a free press, along with other rights that recognize the ability of persons to think and communicate how they wish without fear of punishment or oppression,” Getman wrote.

In passing the resolution, the legislature found that “promoting public understanding of the roots of our freedom are an important component in the civic education of the citizens of the United States, the State of New York and the County of Schuyler.”

The American Bar Association selects an annual theme for each Law Day. Law Day is an annual commemoration first held in 1957 when the American Bar Association envisioned a special national day to mark our nation’s commitment to the rule of law. The following year, President Dwight D. Eisenhower issued the first Law Day Proclamation. Law Day was made official in 1961 when Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day.

A copy of Schuyler County’s resolution “Recognizing and Commemorating May 1, 2019 as ‘Law Day’ in Schuyler County is available here.

Schuyler County Legislature: RECOGNIZING AND COMMEMORATING MAY 1, 2019 AS “LAW DAY” IN SCHUYLER COUNTY by Steven Getman on Scribd