• Adoptees can access birth certificates;For more on these new laws, click here.
• Farmworkers get overtime pay, mandatory rest;
• Cash bail, discovery reforms;
• Safety course requirement for motorboats;
• Teens can 'pre-register' to vote;
Monday, December 30, 2019
Monday, December 23, 2019
New York courts and officials prepare for implementation of bail and discovery reforms. New resources available.
- 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.
Monday, December 16, 2019
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
For more information, or to register, click here.
Monday, December 9, 2019
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.
Thursday, December 5, 2019
|Schuyler County Attorney Steven Getman|
Monday, December 2, 2019
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.
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.
Monday, November 25, 2019
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.Meanwhile, the Detroit Free Press offers other tips to stay safe on Black Friday and Cyber Monday:
• 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.
• 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.
Monday, November 18, 2019
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
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.
Monday, November 11, 2019
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.
Monday, October 21, 2019
Shooter’s Group Grades Schuyler Judicial Candidates. Republican Steven Getman Gets Top Grade with “A.”
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
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.
Friday, October 18, 2019
Tuesday, October 15, 2019
Monday, October 7, 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.
Tuesday, October 1, 2019
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.
Monday, September 16, 2019
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."
Friday, September 13, 2019
Monday, September 9, 2019
Monday, September 2, 2019
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.
Monday, August 26, 2019
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.
Monday, August 19, 2019
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.
Monday, August 12, 2019
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.
Wednesday, August 7, 2019
|Schuyler County Attorney Steven Getman|
Monday, August 5, 2019
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.
Tuesday, July 30, 2019
• If a tenant is ordered evicted, instead of 72 hours, the court order must give the tenant 14 days.For more on the new laws, click here.
• 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.
Monday, July 22, 2019
|Schuyler County Attorney Steven Getman|
Tuesday, July 16, 2019
“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.
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
Monday, July 8, 2019
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.Read the full statement from the Humane Society and the towns here.
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.
Thursday, June 27, 2019
Wednesday, June 26, 2019
New York Court allows opioid claims to go forward against current, former directors of Purdue Pharma
Monday, June 24, 2019
1) AbortionsGovernor 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.
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
19) Cat-declawing ban
20) Standardized tests
Tuesday, June 18, 2019
New York passes the SHIELD Act: law aims to strengthen data security and consumer privacy protections
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;The SHIELD act now goes to Governor Cuomo for his review.
• 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 full text of the bill can be found here.
Monday, June 10, 2019
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.”
Monday, June 3, 2019
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.
Monday, May 27, 2019
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.
Monday, May 20, 2019
Monday, May 13, 2019
“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.
Monday, May 6, 2019
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.
Monday, April 29, 2019
Schuyler County Commemorates May 1 as “Law Day”: Law Day 2019 Will Focus on Free Speech, Free Press.
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.
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.
Wednesday, April 24, 2019
Rochester Drug Cooperative, Inc. (RDC), one of the nation's largest pharmaceutical distributors, was charged by federal prosecutors with conspiracy to distribute controlled narcotics — oxycodone and fentanyl — for non-medical reasons and conspiracy to defraud. Prosecutors allege that, from 2012 through March 2017, RDC knowingly and intentionally violated federal narcotics laws by distributing opioids to pharmacy customers that it knew were being sold and used illicitly.
According to court documents, the company has agreed to enter into a “consent decree,” under which it accepts responsibility for its conduct by making admissions and stipulating to an extensive "Statement of Facts," paying a $20 million penalty, reforming its controlled substances compliance program, and submitting to supervision by an independent monitor.
chuyler County Attorney Steven Getman filed a nearly 250-page Summons and Complaint in New York State Supreme Court for damages to the county arising out of the fraudulent and negligent marketing and distribution of opiates in the county.
Getman said his office would be carefully reviewing the statement of facts for evidence that could be used to support the county’s lawsuit.
“Schuyler County’s complaint alleges increased opioid use has fueled an illegal secondary market for opioids and the criminals who support it,” Getman said. “It also alleges that the defendants flooded the county with suspiciously large amounts of opioids.”
“To date, county officials have expended significant resources to help its residents battle opioid addiction and prevent further deaths,” Getman said. “Schuyler County’s lawsuit is moving forward to seek reimbursement for expenses 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.”
In 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.
“By going forward with litigation, the County Legislature hopes to lessen the burden to taxpayers and hold manufacturers and distributors responsible for their role in the opioid epidemic,” O’Hearn said.
Schuyler County is one of several New York municipalities filing lawsuits against the manufacturers and distributors of opioid pain killers. At least 14 counties across New York are suing pharmaceutical companies for what they are claiming are deceptive marketing practices.
The consent decree is subject to final approval by the court. Any charges contained in complaints, indictments and other court documents are merely accusations, and any defendants are presumed innocent unless and until proven guilty in a court of law.