COVID testing site opens in Watkins Glen

New York State will open a COVID-19 test site beginning tomorrow (December 29) at 10:00 am in Watkins Glen State Park. The site will operate Monday – Saturday from 10am to 6pm. An advertising flyer is below for your reference.

Second Amendment Legal Update: December 2021

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete PDF copy of this month's update, click here.

More new laws in New York: Governor signs bills affecting prisons, youthful offender designation after sentencing

Governor Kathy Hochul has signed bills into law related to criminal justice:

• L 2021, ch 570: Amends the Correction Law to prohibit “double-bunked housing,” “the practice of inmate housing where bunk beds are used in a dormitory setting, with inmates residing in an open space and sleeping on bunk beds.” (Effective Feb. 1, 2022).
• L 2021, ch 557: Establishes a nine-member Commission on Prison Education “to study and develop a plan for improving education in state prisons.” (Effective Nov. 3, 2021).
• L 2021, ch 552: Provides eligible youth with an added opportunity to be designated youthful offenders, by allowing a defendant to seek review five years after sentence was imposed or the individual’s release from incarceration, whichever is later. (Effective Nov. 2, 2021).

The intent of L 2021, ch 570, seems somewhat undercut by the Governor's recent decision to close six prisons.

For more on these new laws, click the links above.

Schuyler County Officials Warn: Be aware of unsolicited property offers. “Know your rights before you sign.”

Schuyler County Clerk Theresa Philbin and County Attorney Steven Getman are warning property owners to be aware of unsolicited offers to buy land in Schuyler County, often at a deep discount from the actual value.

“Reports have surfaced this month of a company soliciting property owners in the area offering to buy vacant land for cash,” Philbin said. “The offers include a Purchase and Sale Agreement, asking the owner to sign and send back within a short period of time. The quick cash offer they make is always below the assessed value, and sometimes by as much as 15 to 25 percent. That could cost you thousands of dollars, depending the price and your property’s actual value.”

“Many of these buyers are, basically, throwing out nets to see if they can find an owner who doesn't understand the real value of their property or an owner that wants to sell quickly at (almost) any cost. They may be senior citizens, facing a personal situation that is forcing them to consider selling their real estate. These buyers are often hoping to find sellers willing to sell at 85% or less of the true market value.”

While the offer may be perfectly legal, signing and sending back the agreement, Getman pointed out, would create a binding contract. That contract, Getman said, may obligate the owners to conditions or expenses they did not understand before signing.

“For example, the offer may state the buyer will pay all closing costs, but also require the seller to clear up any liens or encumbrances on the property at the seller’s own expense before the sale,” Getman explained. “That could include mortgages, property taxes or even electric, water and sewer bills. If the sale price does not cover those expenses, the sellers could be left paying out more than they are getting for the property.”

Therefore, property owners should review any documents very carefully and consult an experienced attorney before signing any type of agreement, Getman said.

Philbin and Getman offered several tips to property owners who receive unsolicited offers to buy their land:

• Never sign anything until you are sure you want to move forward.
• Have your own attorney review the document before your sign them. If you do not have an attorney, the New York State Bar Association may be able to refer you to an appropriate attorney via the NYSBA Lawyer Referral and Information Service: https://www.findalawyernys.org.
• Check out the would-be buyer online. If someone is legitimately interested in buying your home, you should be able to retrieve information about them. Look for any red flags such as bad reviews or lawsuits.
• Ask for references. If the buyer will not offer any, something is wrong. If their references are sketchy and cannot be verified, you need to rethink doing business with that person.
• Find out the fair market value of your home before you agree to a price.
• Consider bringing in a real estate professional to represent you and give you a fair opinion of your land’s value. If the buyer is legitimate they should be willing to discuss terms with your agent.
• If selling your property seems like a good idea, do not jump at the first offer made (especially if it represents just a small fraction of the land’s worth).

Finally, if you receive anything in the mail about your property that seems questionable, Philbin and Getman said that you can contact the County Clerk or, in the event of possible criminal activity, local law enforcement.

“Keep in mind that this is often totally legitimate,” Getman said. “The goal here is to understand what you may sacrifice for convenience.”

“Know your rights before you sign,” Philbin said.

The Schuyler County Clerk is responsible for all books, files and other necessary equipment for the filing, recording and depositing of deeds, maps, papers in actions and special proceedings of both civil and criminal nature, judgment and lien dockets and books for the indexing of the same as directed or authorized by law.

The Schuyler County Attorney is the legal advisor for county government and its various officials. The County Attorney prosecutes and defends civil actions on behalf of the county and county employees acting pursuant to their official duties.

Governor Hochul signs new criminal legal system laws

New York Governor Kathy Hochul has signed several bills relevant to the New York State criminal justice system. The new laws include:

• L. 2021, ch 501: Amends CPL 440.10 to “[p]ermit[] the court to grant post-conviction motions to vacate a judgment when the issue raised upon such motion is ineffective assistance of counsel in certain cases in which the court would otherwise be required to deny the motion.” [Effective 10/25/2021.]
• L 2021, ch 474: Adds Family Court Act 162-a to prohibit the use of restraints on children under 21 in family courts except in limited circumstances. [Effective 10/8/2021.]

• L 2021, ch 486: “Removes the prohibition on individuals convicted of a felony that prevents them from being appointed fiduciary of an estate ….” Previously anyone with a felony conviction was barred from serving as an executor/executrix of an estate; under the new law, a court will still have discretion to declare someone ineligible if the prior felony conviction relates to fraud or embezzlement. [Effective 10/22/2021.]
• L 2021, ch 487: The bill allows individuals under supervision to work night and overtime shifts without being violated for breaking curfew. [Effective 10/22/2021.]
• L 2021, ch 491: “Relates to certificates of relief from disabilities and certificates of good conduct upon discharge.” Individuals can now apply for a certificate at the time of supervisory discharge, instead of having to wait for three years. [Effective 1/20/2022.]
• L 2021, ch 492: “Relates to work related labor protests not being considered a parole violation.” Previously there were no protections for people on supervision to participate in work-related labor protests or lawful labor disputes, strikes, or work stoppages or slowdowns; this bill specifically allows them to do so without being violated. [Effective 10/25/2021.]
• L 2021, ch 494: “Relates to annual reporting on substance use disorder in incarcerated individuals; requires the office of addiction services and supports to monitor programs providing treatment to incarcerated individuals in correctional facilities and provide an annual report.” [Effective 10/23/2021.]

Schuyler County Opposes Hochul Prison Closures

The Schuyler County Legislature has come out against what it called Gov. Kathy Hochul’s “abrupt, secretive and unsafe” prison closures on public safety, economic and environmental grounds.

Meeting in special session on Monday (November 15, 2021), the legislature voted unanimously to enact a resolution opposing the planned closure of six prisons across the state by March of next year: Ogdensburg Correctional Facility; Moriah Shock Incarceration Correctional Facility; Willard Drug Treatment Campus; Southport Correctional Facility; Downstate Correctional Facility and Rochester Correctional Facility.

The resolution, drafted for the legislature by County Attorney Steven Getman at the request of Legislator Phil Barnes (R-Watkins Glen) and Chairman Carl Blowers (R-Montour Falls), noted that two of prisons, Southport and Willard, were located in adjoining Chemung and Seneca counties and provided jobs to Schuyler County residents.

“Governor Hochul’s decision impacts hundreds of area correctional officers and prison staff, and means uprooting hundreds of area families and a devastating toll on already hard-hit local economies,” the legislature noted.

Further, the resolution stated, the closure of Willard threatened to “prevent or delay necessary upgrades to the wastewater treatment facilities for Seneca County Sewer District No. 1, which serves (the) Campus as well as Sampson State Park, commercial and residential properties in the hamlet of Willard, the villages of Ovid and Lodi, and users along the east shore of Seneca Lake… potentially endangering the Seneca Lake watershed.”

Finally, the document noted that the state “has recently invested $20 million into operations at Southport, implementing a step-down program to work with the most violent inmates in the state’s prison system to get them ready for reintegration into the general prison population.”

Based on the above, the legislature said it “stands with our brave New York State Corrections Officers, as well as with corrections support staff and their families, whose lives will be devastated by this decision, and other area residents along Seneca Lake and otherwise, and calls for this decision to be reconsidered and reversed immediately.”

At the legislature’s direction, copies of the resolution will be sent by Legislative Clerk Stacy Husted to the Governor, the Acting Commissioner of the Department of Corrections, various other state officials and the legislatures of the adjoining counties, among others.

A complete copy of the draft resolution is available here.

New York’s New Policing Reforms Go into Effect

The “New York State Professional Policing Act (PPA) of 2021” went into effect on October 16.

Among the changes are minimum hiring standards for all new law enforcement officers, including:

• New Medical and Physical Fitness Standards and Procedures for Police; and
• A New Central State Registry of Police Officers and Peace Officers.

New procedures related to background checks and a psychological assessment are also included in the new law.

For more information, click here.

Second Amendment Legal Update: November, 2021

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete PDF copy of this month's update, click here.

NOTICE AND PETITION OF FORECLOSURE: COUNTY OF SCHUYLER, STATE OF NEW YORK

Please take notice that on the 2d day of November, 2021, 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]

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: Holley Sokolowski, 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 28, 2022.

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.

Notice and Petition: Schuyl... by Steven Getman

New law gives courts guidance on pet custody in divorce cases

From Syracuse.com:

Rather than treating pets the same as a dining table, the law requires judges in divorce proceedings to consider the animals’ best interests when deciding which spouse gets custody...

For example, judges could consider which spouse most often fed the animal, took the pet for veterinary care or spent the most time with it.

Lawmakers who supported the bill argued custody battles involving pets are not uncommon... The new law will help determine a clear path to resolving those disagreements.

New York’s new law takes effect immediately.

New Laws Meant to Combat the Opioid Crisis in New York State

New York State has enacted a package of bills “designed to remove barriers to drug treatment and make substance abuse prevention resources available to more New Yorkers.”

According to Governor Kathy Hochul, the new laws are “aimed toward reducing drug-related overdose deaths across New York State and encouraging those suffering from addiction to seek help in their recovery.”

The laws include:

• S911/A2354, amending the CPL, the CPLR, and the Executive Law “to promote the use of opioid antagonists in preventing drug-related overdoses,” by decriminalizing possession of opioid antagonists, “drugs that block opioids by attaching to opioid receptors without activating them.”
• S6044/A128, establishing “an online directory for distributors of opioid antagonists making them more accessible to New Yorkers ….” • S2523/A868, decriminalizing “the possession and sale of hypodermic needles and syringes.”
• S7228/A5511-A, expanding “the number of eligible crimes committed by individuals with a substance use disorder that may be considered for diversion to a substance use treatment program” and updating “the term ‘substance abuse’ to ‘substance use.’”
• S.1795/A.533 Relates to the Establishment of a Program for the Use of Medication Assisted Treatment for Incarcerated Individuals

Some local law enforcement officials in the state have criticized the bills as an “unfunded mandate” on counties that won’t solve the problem as intended:

Lewis County Sheriff Mike Carpinelli, who is running for governor as a Republican, said “I’m upset by it. I think it’s a waste of taxpayers’ money, and I think it’s gonna bring more problems to all our jails across the state.” “Why instead of actually treating the addiction problem are we giving them something that enables them to continue on with it?” he said. ****
Brooks Bigwarfe, St. Lawrence County Sheriff, and Colleen O’Neill, Jefferson County Sheriff, said they’ll follow the state’s orders. Both declined to offer an opinion about the wisdom of the new law…. Bigwarfe, like Carpinelli, pointed out that it’s an unfunded state mandate, so taxpayers will be paying for the new program.

More on the new laws can be found here.

Three opioid distributors to pay up to $546,000 in settlement with Schuyler County

Three major drug distributors will pay Schuyler County up to $546,000 to settle claims they contributed to the ongoing opioid crisis in that county, under a resolution approved by the Schuyler County Legislature at its October monthly meeting.

Meeting on Tuesday (October 12), the county legislature voted unanimously to accept the settlement and authorized Schuyler County Attorney Steven Getman to execute the necessary legal documents.

According to the resolution, distributors McKesson Corporation, Cardinal Health Inc. and Amerisource Bergen Drug Corporation all agreed to the settlement with the county in exchange for being released from a pending lawsuit filed by the county, as well as later claims brought by the New York State Attorney General’s office.

The agreement calls for the three distributors to pay the county over eighteen annual installments, with payments expected to begin in 2022, Getman said.

According to Getman, the settlement funds can be used for a variety of purposes.

“Potential uses include supporting police and first responders, treating opioid addiction, funding social services and similar anti-drug efforts,” Getman explained.

The settlement also requires the distributors to implement a process for collecting and analyzing data about opioid sales, Getman noted. It will involve the creation by the companies of a data clearinghouse to establish pharmacy-specific opioid shipment limits that each distributor must follow to properly monitor opioid data.

The motion authorizing Getman to accept the settlement was made by County Legislator Phil Barnes (R, District VI) and seconded by Legislator Mark Rondinaro (R, District VII).

It is the second opioid settlement Schuyler County has been a part of in the past two months. In September, the county legislature authorized Getman to accept up to $121,000 from Johnson & Johnson, the parent company of Janssen Pharmaceuticals, Inc., to treat, reduce and prevent opioid use through a court settlement with the opioid maker.

The settlements stem from a 2018 lawsuit the county filed against approximately thirty defendants, including some of the biggest names in the pharmaceutical industry. The lawsuit alleged the defendants had long known that opioids were addictive and subject to abuse, particularly when used long-term for chronic non-cancer pain, and should not be used except as a last-resort. However, the lawsuit stated, the defendants spent hundreds of millions of dollars disseminating scientific materials and advertising that misrepresented the risks of opioids’ long-term use.

Schuyler County was one of many local governments that filed lawsuits against the manufacturers and distributors of opioid pain killers. At least 14 counties across New York sued the pharmaceutical companies for fraudulent marketing practices.

After the counties sued, in March 2019, the New York State Attorney General’s office brought its own lawsuit on behalf of the state. In July, Attorney General Letitia James announced a tentative deal with the three drug distributors that will deliver up to $1.1 billion to New York state to combat the opioid epidemic. Since then, James has begun a statewide “HealNY” tour related to highlight the settlements, with stops throughout the state, including New York City, Utica and Syracuse.

Schuyler County’s lawsuit against other defendants remains pending, Getman said, with the possibility of more settlements and additional funding to the county still to come. Along with the three distributors and Johnson & Johnson, the defendants named in the county’s lawsuit include: Purdue Pharma L.P.; Teva Pharmaceuticals USA, Inc.; Cephalon, Inc.; Endo Pharmaceuticals, Inc.; Actavis Pharma, Inc. and Insys Therapeutics, Inc.

The three companies named in Tuesday’s resolution have issued a joint statement "strongly disputing" any wrongdoing. They described the settlements as "an important step toward finalizing a broad settlement" with states, counties, and local municipalities.

Second Amendment Legal Update: October, 2021

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete PDF copy of this month's update, click here.

Schuyler SCOPE, County Attorney give out over 100 free gun locks in Montour Falls

The Schuyler County Chapter of the Shooters Committee on Political Education (SCOPE) in conjunction with the Office of Schuyler County Attorney Steven Getman, gave away over 100 free cable-style gun locks to Schuyler County families at the Montour Falls Harvest Fest on Saturday (October 2).

According to Getman, the giveaway helps ensure that gun owners are in compliance with New York's strict firearms storage laws, which require them to lock up their firearms while living in a home with someone under the age of 16.

The locks can also be obtained from the county attorney's office by calling 607-535-8121 during normal business hours and scheduling a pickup time. One lock will be available per household and will be provided on a "first-come, first-serve" basis. Supplies are limited.

"We encourage county residents to pick up a free lock so that they can securely store their firearm," said Getman. "The locks fit on most types of handguns, rifles and shotguns. The cable is threaded through the weapon and blocks the barrel or the use of ammunition. It's secured by a padlock and key. The goal is to prevent a young child or another unauthorized person from accessing a firearm in the home."

SCOPE is a non-partisan statewide 501(c)4 organization dedicated to educating the public about firearm ownership, second amendment rights and legislation. The Schuyler County chapter's meetings are held on the second Thursday of the month at 7 p.m. in January, March, May, October at the Montour Falls Moose Lodge, 2096 St. Rt. 14, Montour Falls, NY 14865.

The Schuyler County Attorney is the legal advisor to the county legislature, county administrator and other county officials. In addition, the county attorney prosecutes family court cases of child abuse and neglect, juvenile delinquency and other civil matters on behalf of county officials.

HERO Act: COVID-19 safety measures for private sector employers.

Earlier this year, the HERO Act passed in New York State. This law requires all private sector employers to adopt safety standards and workplace procedures that protect workers from COVID-19 or other airborne infectious diseases.

In furtherance of the law, the New York State Department of Labor and Department of Health have developed a new Airborne Infectious Disease Exposure Prevention Standard, a Model Airborne Infectious Disease Exposure Prevention Plan, and various industry-specific model plans for the prevention of airborne infectious disease.

These plans must go into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health.

Employers can choose to adopt the applicable policy template/plan provided by NYS DOL or establish an alternative plan that meets or exceeds the standard’s minimum requirements.

Currently, while private employers must adopt plans as required by the law, as of the date of this writing no designation has been made and plans are not required to be in effect.

Public sector employers are currently exempt from the new state law.

For more information, click here.

Schuyler County to receive up to $121,000 from opioid lawsuit against Johnson and Johnson

Schuyler County will receive up to  $121,000.00  from Johnson & Johnson, the parent company of Janssen Pharmaceuticals, Inc., to treat, reduce and prevent opioid use through a court settlement with the opioid maker.

 

Meeting in special session on Wednesday (September 8), the County Legislature voted unanimously to accept the settlement and authorized Schuyler County Attorney Steven Getman to execute the necessary legal documents on the county’s behalf.

 

According to Getman, the funds can be used for a variety of restricted and unrestricted purposes.

 

“Possible uses include supporting  law  enforcement  and  first  responders, treating opioid  addiction,  funding social services and similar efforts,” Getman explained.

 

The drug maker also agreed to permanently end the manufacture and distribution of opioids across the nation, Getman said.

 

The funding is part of a $260 million settlement that Johnson & Johnson reached in New York State to finalize lawsuits brought by Schuyler County, the State of New York and others, pertaining to the company’s alleged role in the increase of use and abuse of opioids.

 

In 2018, Getman, working with law firm Napoli Shkolnik, PLLC as special counsel, filed a lawsuit against approximately thirty defendants, including some of the biggest names in the pharmaceutical industry.  Along with Johnson and Johnson/Janssen, the defendants included: Purdue Pharma L.P.; Teva Pharmaceuticals USA, Inc.; Cephalon, Inc.; Endo Pharmaceuticals, Inc.; Actavis Pharma, Inc. and Insys Therapeutics, Inc. 

 

The lawsuit alleged the defendants knew–and had known for years–that opioids were addictive and subject to abuse, particularly when used long-term for chronic non-cancer pain, and should not be used except as a last-resort. However, the lawsuit stated, the defendants spent hundreds of millions of dollars disseminating scientific materials and advertising that misrepresented the risks of opioids’ long-term use.

 

Schuyler County was one of many local governments that filed lawsuits against the manufacturers and distributors of opioid pain killers. At least 14 counties across New York sued the pharmaceutical companies for what the counties claimed were deceptive marketing practices.

 

After the counties filed suit, in March 2019, the New York State Attorney General’s office filed its own lawsuit on behalf of the state.   In June, Attorney General Letitia James announced the tentative deal with Johnson and Johnson, calling the largest monetary settlement ever secured by her office.

 

Schuyler County’s lawsuit against other defendants remains pending, Getman said, with the possibility of more settlements and additional funding to the county still to come. 

 

 “Over the past few years, despite its small population, Schuyler County has seen an uptick in opioid and heroin use and overdose,” Getman said. “To date, County officials have expended public resources to help its residents battle opioid addiction and prevent further deaths. This settlement is just one step to reimburse the County for its expenses related to the opioid crisis as well as provide the County with financial assistance to continue this battle.”

 

Johnson and Johnson has stated the settlement was not an admission of liability or wrongdoing by them and the company “remains committed to providing certainty for involved parties and critical assistance for communities in need.”

 

The lawsuits by Schuyler County and others are part of a tide of litigation over an epidemic linked to nearly 500,000 deaths over the last twenty years. The cases have drawn comparisons to the multistate litigation against tobacco companies in the 1990s.  Those lawsuits were resolved as part of the landmark $206 billion Master Settlement Agreement announced in November 1998 between the tobacco industry and the states’ attorney generals.

 

A complete copy of Schuyler County’s lawsuit can be found here. 

 

A copy of the county’s resolution approving the settlement can be found here.

 

Second Amendment Legal Update: September, 2021

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete PDF copy of this month's update, click here.

Law Day 2022 Theme Announced

The American Bar Association has announced the theme for Law Day 2022, "Toward a More Perfect Union: The Constitution in Times of Change.”

The Constitution is a dynamic document, as it not only outlines a blueprint for government, but also delegates power, articulates rights, and offers mechanisms for change. It is neither perfect, nor exhaustive, as our nation’s history makes clear. Legislation, court rulings, amendments, lawyers, and “we the people” have built upon those original words across generations to attempt to make the “more perfect Union” more real. That effort continues today, as contemporary leaders and everyday citizens raise their voices as loud as ever to fulfill the promise of the Constitution. Defining and refining those words of the Constitution might be our oldest national tradition, and how each of us works—together—toward a more perfect Union.

For more information, click here.

New York State Releases Caseload Standards for Family Court Public Defense lawyers

The New York State Officie of Indigent Legal Services (OILS) has released Caseload Standards for Parents’ Attorneys in New York State Family Court Mandated

Representation Cases. The standards are intended to cover public defenders, assigned counsel and other attorneys assigned to provide mandated representation for people who cannot afford their own lawyer in various types of family court cases.

The standards include both maximum annual case assignment limits and a minimum average number of hours attorneys should spend on each case.

Cases are broken down into thirteen case categories:

• paternity;
• willful violation of support;
• willful violation other;
• family offense;
• guardianship;
• violation of conditional surrender;
• adoption;
• modification of prior order;
• custody/visitation;
• conditional surrender;
• neglect;
• abuse; and
• TPRs (termination of parental rights).

Approval of the standards is contingent upon the availability of State funding to implement the standards. The full report can be found here.

Second Amendment Legal Update: August, 2021

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.

For a complete PDF copy of this month's update, click here.

New law protects New Yorkers from “spam” text messages.

New York state officials have enacted new legislation, expanding New York State’s definition of telemarketing to include text messages.

New Yorkers have protection against unwanted robocalls under state law, but texting was not previously defined as telemarketing, exempting it from those protections. This legislation closes that loophole.

State law originally protected New Yorkers against unwanted robocalls, but text messages were not included under those protections. That stipulation has changed. Now, the definition of “telemarketing” as it pertains to state law also encompasses text messages.

Many New Yorkers saw a rise in unwanted calls and text messages from telemarketers during the pandemic.

A complete copy of the new law can be found here.

Leasing your land for solar power? Know your rights before you sign.

Solar power can offer New Yorkers many potential benefits, including saving money through reduced electricity bills, creating stability during periods of electric rate changes and contributing to a cleaner and healthier community by reducing our carbon footprint. With more and more state residents considering solar power, a number of private companies are looking to develop and initiate construction of new solar projects across the state, including in Schuyler County.

Recently, a number of Schuyler County landowners have reported receiving proposals from one or more energy firms, seeking land for solar facility development. These proposals offer landowners money for an option to lease or purchase land to develop, build and operate a solar power generation and storage facility on the premises. Payments may include an option signing bonus, annual option payments and potential annual lease payments. In some cases, payments may net landowners thousands of dollars.

While the terms of these options may seem very attractive, these agreements are legal documents with potential long-term implications, potentially both positive and negative. Therefore, you should proceed carefully before signing them.

For more information, click here.

Schuyler County has joined with over two dozen municipal governments, and others, in suing the makers of generic drugs over alleged price-fixing.

 

The county, along with local governments in New York and elsewhere, filed an over 1000-page Summons and Complaint on June 30 against more than fifty companies, seeking injunctive relief, damages, and relief from harms that the complaint alleges resulted from an unlawful agreement among the defendants to allocate customers, rig bids, and fix, raise, maintain, and/or stabilize the prices of all of their generic pharmaceutical products,

 

The lawsuit follows a vote by the County Legislature in 2020, authorizing County Attorney Steven Getman to join forces with Napoli Shkolnik PLLC, a New York City law firm “in the investigation and/or prosecution of any legal claim against manufactures of generic pharmaceuticals and/or their executives based upon their actions in fixing prices, allocating markets, and engaging in other antitrust violations or other wrongdoing with respect to generic pharmaceuticals.”

 

According to Getman, the lawsuit is pursuing claims in several areas.  These include increased health insurance premiums for county employees, additional workers’ compensation costs and higher costs of pharmaceuticals purchased for use by the county jail, all based upon artificially inflated generic drug prices.

 

Various government agencies have already commenced suit, Getman said, alleging violations of state and Federal antitrust laws and consumer protection statutes.   

 

“In 2014, the Department of Justice began an investigation into the pricing of various generic pharmaceuticals,” Getman explained. “In the wake of the Federal investigation, in 2017, the state attorneys’ general of 48 states brought a civil action alleging price fixing, market division, and other antitrust violations by 16 defendant pharmaceutical companies related to fifteen (15) generic prescription drugs.”

 

“As alleged, the defendants' anticompetitive conduct falls principally into two categories.   First, the defendants, allegedly communicated with each other to determine and agree on how much market share each would control and which customers each competitor was entitled to.  Second, competitors allegedly communicated -- either in person, by telephone, or by text message -- and agreed to collectively raise and/or maintain prices for a particular generic drug.”

 

The lawsuits, Getman said, now involve over 100 generic drugs and more than fifty pharmaceutical defendants, including Teva, Sandoz, Mylan, Pfizer, Actavis, Amneal, Apotex, Aurobindo, Breckenridge, Dr. Reddy’s Laboratories, Glenmark, Greenstone, Lannett, Lupin, Par, Taro USA, Upsher-Smith, Wockhardt USA and Zydus.

 

“As noted, hundreds of generic drugs have been implicated nationwide. Each affected county or municipality can bring an action asserting overpayments for each applicable generic drug,” Getman explained.  “The key question in formulating a lawsuit was determining for which generic drug(s) each county has overpaid, and whether each was direct or indirect purchaser of same.”

 

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

“By going forward with the litigation, the County Legislature hopes to lessen the burden to taxpayers and seeks to hold manufacturers responsible for any unlawful role in the high cost of generic drugs,” O’Hearn said. 

 

Locally, along with Schuyler County, Chemung, Yates and Livingston Counties are acting as plaintiffs in the lawsuit. Other municipalities in New York and elsewhere are part of the case as well. The case is currently scheduled to be heard in Federal District Court in eastern Pennsylvania.

 

In addition to the generics case, Schuyler County has been working with Napoli Shkolnik to prosecute a pending action against the manufacturers and distributers of prescription opiates for damages to the county arising out of the fraudulent and negligent marketing and distribution of opiates in and to the county.  That case remains pending in state court.  

 

A related trial, involving Nassau and Suffolk counties, and the New York State Attorney General’s Office, is now underway on Long Island against several companies accused of fueling the opioid crisis.  The trial on Long Island will be used as a test for the claims made by Schuyler County and other municipalities in New York, as well as an indicator of what may lie ahead for the drug makers, distributors and pharmacies in other states.

 

A copy of the June 30 complaint is available here.

New COVID-19 Online Resource for Tenants and Attorneys in New York

TenantHelpNY.org is a new website with self-help resources on evictions and COVID-19 in New York State.

Tenants can access Know Your Rights content and information on available legal aid, including:

• Plain language guides for tenants and the general public, developed in collaboration with grantees under the OAG initiative;
• A legal help directory to assist tenants in connecting with volunteer attorney programs in their region, and
• A list of Frequently Asked Questions about available COVID-19 housing protections

The website also includes an Advocate Gateway with specialized resources for attorneys and other advocates assisting tenants during this time.

For a full announcement of the website launch, and other information, click here.

Second Amendment Legal Update: July, 2021

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.

For a complete PDF copy of this month's update, click here.

New York State Driver’s License Suspension Reform Act (DLSRA) in effect June 29

New York State has enacted the Driver’s License Suspension Reform Act (DLSRA), ending the practice of suspending a person’s driver’s license when they do not pay a traffic fine.

As of March 9, 2021, drivers no longer have their licenses suspended for unpaid traffic fines. As of June 29, those suspensions will be cleared from all records.

Suspensions are still permitted for unanswered tickets/missed hearings. However, defendants will be able to clear these suspensions by entering into payment plans, which also go into effect June 29.

Supporters of the new measure have argued that suspending driver’s licenses because of unpaid traffic fines "criminalizes poverty and perpetuates structural racism in the criminal legal system." Some critics of the statute have argued that the suspension of the license was a strong incentive for people to actually go clear their outstanding tickets.

A complete copy of the new law can be found here.

New York announces new Virtual Court Navigator Program for people who don’t have an attorney

The New York State Court System's Office for Justice Initiatives has announced a free Virtual Court Navigator Program for people who do not have a lawyer.

It is a free program, designed to help people without an attorney who either have or would like to start a court case in: Erie County Surrogate’s Court, Civil Supreme and Surrogate’s Courts in Dutchess, Orange, Putnam, Rockland, and Westchester Counties.

Virtual Court Navigators are specially trained, supervised and available to help court users prepare for virtual appearances, file court forms, organize court papers, get answers to general questions, find community programs and services, refer people to legal service providers, navigate the court’s website, and more.

The New York State Courts Access to Justice Program "is dedicated to improving equal access to justice for New Yorkers of low-income and modest means who cannot afford an attorney by making it easier to navigate the court system. The NYS Courts Access to Justice program develops resources, including self-help services and pro bono programs, to equalize the playing field for all litigants."

For more information about the Virtual Court Navigator Pilot Program click here.

Schuyler County passes Youth Hunting Law

Schuyler County has become the latest county in New York State to allow the hunting of deer by 12-and 13-year-olds with a firearm or crossbow for the coming fall season.

Meeting in regular session on Monday (June 14), the county legislature voted unanimously to enact a Local Law that approves a pilot program allowing 12- and 13-year old youths to do so through 2023 under the supervision of an experienced adult hunter.

Prior to its passage, Schuyler County Sheriff William Yessman, Undersheriff Breck Spaulding, County Clerk Theresa Philbin and County Attorney Steven Getman all endorsed the law. In addition, members of the community, including a retired New York State Conservation officer, spoke in favor of the law at Monday’s meeting. No one spoke in opposition to the legislation.

The law as passed states that “deer hunting is a valued tradition for many Schuyler County families, providing quality food to county residents and reducing the negative impacts of overabundant deer populations on our agriculture, forests, and communities.”

As of June 6, the number of counties statewide that had opted into youth hunting totaled 18, according to the state Department of Conservation website. Other counties in the region that have opted in, the website shows, include Yates, Steuben, Chemung and Livingston.

These counties will be listed in the DEC’s upcoming hunting/trapping guide, which will be released soon. As more counties pass resolutions, they will be added to a regularly updated map on the DEC’s Junior Big Game Hunting website.

A complete copy of Schuyler County’s local law can be found here

2021 Schuyler County High School Graduate Essay Contest Announced

The Schuyler County Republican Committee is inviting local high school graduates to enter its 2021 Constitutional Essay Contest.

Three graduates will be selected to win $500 awards. Winners will be selected based upon an essay on one of the following topics:

1. The Constitution: Is it past its expiration date?
2. The Bill of Rights: Do we need all 10 Amendments?
3. The Intersection of the First and Second Amendments: Do they depend on each other?

Judges for the contest will be Schuyler County District Attorney Joseph Fazzary, County Attorney Steven Getman and Public Defender Valerie Gardner.

The contest is open to any 2021 high school graduate (including home-schooled students) legally residing in Schuyler County who will be continuing their education or entering military service after graduation.

Entries must be submitted prior to 12:00 AM on July 4, 2021. Winners will be announced at the Schuyler County Republican Committee meeting on July 21. They will receive their awards at the August 18 committee meeting.

For more information, and a complete copy of the contest rules and entry forms, click here.

Second Amendment Legal Update: June, 2021

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.

For a complete PDF copy of this month's update, click here.

Schuyler County: Notice of Public Hearing, Proposed Local Law A, June 14, 2021

PLEASE TAKE NOTICE, that there has been introduced before the Legislature of the County of Schuyler, New York, on May 10, 2021, Local Law Intro. A of the Year 2021 titled “A Local Law Authorizing 12 And 13-Year-Old Licensed Hunters To Hunt Deer With A Firearm Or Crossbow During Hunting Season With The Supervision Of An Adult Licensed”.

NOTICE IS FURTHER GIVEN, that the Schuyler County Legislature will conduct a public hearing on the proposed Local Law at 6:30 p.m. on June 14, 2021, in Room 120 at the Human Services Complex, 323 Owego Street, Montour Falls, NY 14865, at which time all persons interested will be heard.

The complete text of the proposed local law is reproduced below.

LOCAL LAW INTRO. A OF THE Y... by Steven Getman

National Safety Month: Schuyler County Scope To Make Free Gun Locks Available Through Partnership With County Attorney

Montour Falls, NY (May 24, 2021)—In recognition of June being National Safety Month, the Schuyler County Chapter of Shooters Committee on Political Education (SCOPE) in conjunction with the Office of Schuyler County Attorney Steven Getman, is again giving away free cable-style gun locks to Schuyler County families.

The locks can be obtained from the County Attorney’s Office by calling 607.535.8121 during normal business hours and scheduling a pickup time. One lock will be available per household and will be provided on a “first come, first serve” basis. Supplies are limited.

“We are pleased to have the Schuyler County Attorney’s Office as a partner in this National Safety Month program” said Daneen Phillips, Schuyler County SCOPE Secretary. “The mission of SCOPE is to educate the public on the importance of our Constitutional right to keep and bear arms, as well as to make every effort to educate anti-gun politicians. We can help accomplish this by promoting responsible voluntary gun safety measures for gun owners that do not conflict with the Second Amendment.”

“Partnering with County Attorney Getman allows SCOPE to participate in a countywide effort to promote gun safety as a critical part of home safety and increase awareness of just one of Governor Cuomo’s many gun laws. We are 100% membership funded and made up of concerned gun owners and conservation clubs across New York State.”

“In particular, this year, we want to focus on getting the message out to women gun owners and their families,” Phillips said. “Female gun ownership has been on a firm ascent and women are considered the fastest-growing segment in the gun-ownership population.”

According to Getman, the giveaway will help ensure that gun owners are in compliance with New York’s strict firearms storage laws, which require them to lock up their firearms while living in a home with someone under the age of 16.

“We encourage county residents to pick up a free lock so that they can securely store their firearm,” said Getman. “The locks fit on most types of handguns, rifles and shotguns. The cable is threaded through the weapon and blocks the barrel or the use of ammunition. It’s secured by a padlock and key.”

“We want to help minimize demands on health care workers and first respondents by emphasizing home safety, and firearm safety in particular, so together we can prevent accidents,” Getman said. “The goal is to prevent a young child or any other unauthorized person from accessing a firearm in the home.”

Phillips and Getman noted that the locks have been donated by SCOPE and, therefore, there is no county charge to the taxpayers for this service.

Observed annually in June, National Safety Month highlights leading causes of preventable injury and death on a national scale, providing the latest information and resources in an effort to help keep more people safe. Hunting and gun rights groups, such as SCOPE, typically emphasize gun safety as a critical part of home safety.

SCOPE is a non-partisan statewide 501(c)4 organization dedicated to educating the public about firearm ownership, Second Amendment rights and legislation. The Schuyler County chapter’s meetings are held on the 2nd Thursday of the month at 7:00 pm in January, March, May, October and as necessary at the Montour Falls Moose Lodge, 2096 Co Rd 14, Montour Falls, NY 14865.

The Schuyler County Attorney is the legal advisor to the county legislature, county administrator and other county officials. In addition, that office prosecutes family court cases of child abuse and neglect, juvenile delinquency and other civil matters on behalf of county officials.

Welcome to Medicare program available to Schuyler County residents

Schuyler County residents can learn about Medicare, and all its parts, to assist them in their initial enrollment decisions.

The State Health Insurance Assistance Program (SHIP) National Technical Assistance Center, is hosting a national, online “Welcome to Medicare” for people getting ready to retire, new to Medicare, and/or their caregivers on June 23, 2021, from 3:00 – 7:00 p.m. ET.

There will be presentations, pre-recorded educational videos, materials available for download, and virtual exhibits.

To register, click here.

Schuyler Officials Support Proposed Youth Hunting Law

Sheriff William Yessman, Undersheriff Breck Spaulding, County Clerk Theresa Philbin and County Attorney Steven Getman have all endorsed a Local Law that approves a pilot program in Schuyler County allowing 12 and 13 year old youths to hunt deer through 2023.

The Resolution and Local Law are on the agenda for introduction at the Schuyler County Legislative Meeting at 6:30 pm on Monday May 10, 2021 in Montour Falls.

The proposed local law finds that “deer hunting is a valued tradition for many Schuyler County families, providing quality food to county residents and reducing the negative impacts of overabundant deer populations on our agriculture, forests, and communities.”

Under the proposed law, youth hunters aged 12-13 will now be allowed to hunt deer with a firearm or crossbow under the supervision of an experienced adult hunter. Currently, young hunters that are 12 or 13 years old can already hunt big game using archery equipment and can hunt small game with a firearm; however, until now, New York had been the only state to not allow these young hunters to hunt big game.

Second Amendment Legal Update: May, 2021

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.

For a complete PDF copy of this month's update, click here.

Schuyler County Commemorates Saturday May 1 as “Law Day”

The Schuyler County Legislature has recognized as the Law Day 2021 theme “Advancing the Rule of Law Now.”

The legislature passed a resolution at its April 12, 2021 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 Rule of Law rests upon the idea that no one is so important as to be above the law and conversely no one is so insignificant to be beneath the law,” Getman wrote. “The United States was founded on the principle that adherence to the Rule of Law expands, rather than limits, the opportunities for freedom.”

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, 2021 as ‘Law Day’ in Schuyler County” is available below.

SCHUYLER COUNTY LEGISLATURE... by Steven Getman

New York State extends availability of Veterans Treatment Courts

New York State officials have enacted legislation extending access to Veterans Treatment Courts (VTC) throughout the state.

These courts connect justice-involved veterans to appropriate services in a court setting, surrounded by an interdisciplinary team. These include the judge, court staff, prosecutors, treatment/service providers, defense attorneys, probation, law enforcement, volunteer veteran peer mentors, and representatives from the U.S. Department of Veterans Services, all of whom work collaboratively to help veterans.

Studies have indicated that VTCs reduce recidivism and alcohol and drug use and promote positive life changes that allows veterans to re-enter their communities in a positive and meaningful way, often with assistance of VA therapies.

Prior to this legislation, there were only approximately 33 VTCs in 25 counties. Due to the lack of a VTC in over half of the counties of the state, about one-third of New York veterans lacked access to a VTC.

The new law authorizes the transfer of cases from jurisdictions without VTCs to adjacent counties with VTCs and requires the chief administrative judge to establish new VTCs, to the extent practicable.

FEMA to Help Pay Funeral Costs for COVID-19-related Deaths

In April, FEMA will begin providing financial assistance for funeral expenses incurred after Jan. 20, 2020 for deaths related to coronavirus (COVID-19).

To be eligible for COVID-19 funeral assistance:

• The applicant must be a U.S. citizen, non-citizen national, or qualified alien who incurred funeral expenses after Jan. 20, 2020 for a death attributed to COVID-19.
• If multiple individuals contributed toward funeral expenses, they should apply under a single application as applicant and co-applicant. FEMA will also consider documentation from other individuals not listed as the applicant and co-applicant who may have incurred funeral expenses as part of the registration for the deceased individual.
• An applicant may apply for multiple deceased individuals.
• The COVID-19-related death must have occurred in the United States, including the U.S. territories and the District of Columbia.
• This assistance is limited to a maximum financial amount of $9,000 per funeral and a maximum of $35,500 per application.
• Funeral assistance is intended to assist with expenses for funeral services and interment or cremation.

For more information, click here.