New year, new laws: Legal changes affecting New Yorkers

Nexstar Media Inc. reports on a number of changes to legislation look out for in 2023:

• Social Security payments get a boost: About 70 million Americans can expect to see an increase in their monthly Social Security benefits and Supplemental Security Income (SSI) for 2023.
• Minimum wage is going up: Minimum wage will be jumping to $14.20 — up a dollar from $13.20 — for most upstate workers.
• New York’s Paid Family Leave Law is expanding: Federally, 1993’s Family and Medical Leave Act gives workers the right to take twelve unpaid workweeks off for a birth or adoption, for a serious health condition, or to care for a seriously ill spouse, child, or parent. 2023 brings siblings into the mix.
• E-waste recycling is getting cheaper: Starting January 1, most manufacturers who make or sell their own tech in New York State will now have to provide and pay for “free and convenient” e-waste recycling for New Yorker

Other changes going into effect include:

• New York Collegiate Athletic Participation Compensation Act: College athletes can receive compensation for the use of their name, image, and likeness without the risk of having to give up their scholarships or eligibility.
• Telemarketing calls: This new law requires telemarketers to give customers the option to be added to their do-not-call list immediately after the telemarketer says their name and company.
• Lactation rooms in airports: The new law requires airports to provide a nursing space for breastfeeding mothers.
• Electric Vehicle Rights Act: Prohibits homeowners’ associations from preventing homeowners from installing EV charging stations on their properties.
• Pedestrian and bicyclist safety: This law requires new drivers to learn about pedestrian and bicyclist safety awareness as part of their pre-licensing course.
• Polling places: This law allows registered voters to cast their ballot at the wrong polling place as long as they are in the correct county and State Assembly district.
• Brianna’s Law: Beginning January 1, 2023, those born on or after January 1, 1983 need the boating safety certificate to operate mechanically propelled boats.

New York State Bar Association sues to raise assigned counsel pay

New York State Bar Association Commences Lawsuit To Raise 18-B Rates

Through this legal action, the New York State Bar Association is seeking a pay rate of $158 per hour retroactive to Feb. 2, 2022 in the 57 counties outside of New York City for what is commonly referred to as 18-B lawyers. Pay has remained at $60 per hour for misdemeanors and $75 for felonies since 2004. By comparison, assigned counsel rates in the federal courts in New York in those same years have been raised 14 times to the current rate of $158 per hour.

“The New York State Bar Association has long supported sufficient pay for assigned counsel,” said Sherry Levin Wallach, president of the association. “Failing to provide adequate compensation for representation to children and indigent adults is a flagrant violation of the U.S. and New York State constitutions.”

“Rates have only been increased once in 35 years, which is a travesty. While we welcome the higher rates in New York City as a result of Justice Headley’s decision, it should be applied statewide. There is now a significant discrepancy in pay across the state for assigned counsel resulting in attorneys not being able to accept court appointed assignments. Ultimately, it is the clients — children and indigent adults — who suffer because their constitutional rights are not being protected,” she said.

The failure to raise rates in 18 years has led to fewer attorneys who are willing to take on the cases. Those who remain are overburdened and don’t have sufficient time to devote to each case.

A copy of the complaint is available here.

Second Amendment Legal Update, December 2022

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 copy of this month's report, click here.

Happy Thanksgiving

Schuyler County: Tourism Assistance Promotion Funding Application Deadline Extended

The Watkins Glen Area Chamber of Commerce is designated by the Schuyler County legislature as its Tourism Promotion Agency (TPA) to represent Schuyler County and provide tourism promotion under the New York State Tourism Promotion Act.

The Chamber is responsible for allocating funding and supporting marketing activities that add to the welfare of Schuyler County; including supporting organizations that promote tourism and working with regional partners to bring growth to Schuyler County.

The Chamber will accept tourism assistance program (TAP) applications that support and demonstrate increased tourism promotion in Schuyler County, New York. The source of funding is a portion of the County’s Lodging receipts, and taxes collected on overnight stays within the County.

Applications will now be accepted until 5:00 PM on Tuesday, November 22nd.

Submit the completed digital application and supporting materials to TAPApplication@watkinsglenchamber.com no later than 5:00 PM on November 22, 2022. Applications may be mailed or delivered to the Chamber office at 214 N Franklin St., Watkins Glen, NY.

Second Amendment Legal Update, November 2022

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 copy of this month's report, click here.

Schuyler County Tax Foreclosure. Notice of Petition and Petition. Index No. 21-21

NOTICE OF FORECLOSURE:

Please take notice that on 1 November 2022, 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, C and D, 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, 2023

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 Ind No. 21-21, In Rem Tax Foreclosure, Schuyler County, New York by Steven Getman on Scribd

New York Announces Increased Reimbursement for Crime Victims

© WNY Media Company:

With the previous cap set at $500, that means the new cap is now set at $2,500.

The money is designed to be used by victims to replace stolen, damaged or destroyed property during a crime.

The increased cap applies to any claim filed with the Office of Victim Services on or after October 6, 2022.

Schuyler County: National Drug Take Back Day dates, times and locations

The Schuyler County Sheriff’s Office and the Schuyler County Coalition on Underage Drinking and Drugs (SCCUDD) are encouraging community members to participate in National Drug Take Back Day on Saturday, October 29, 2022. Community members can drop off their expired, unused, or unwanted medications between 10 am and 2 pm at the Odessa and Tyrone Fire Departments.

Free/Reduced Fee Sporting Licenses for Senior Citizens Offered

A 2014 survey carried out by the Oulu Deaconess Institute found that hunters and fishers feel that their physical, social and mental well-being is enhanced by spending time outdoors. These activities benefit our economy, provide funding for conservation and wildlife management and directly connect us with life on our planet.

With this in mind, New York State offers free or reduced fee sporting license/privileges for a number of groups, including the following:

• Active-duty military members
• Military veterans with 40% or more service-related disability
• Juniors (15 and under)
• Persons with Disability
• Native American members of select tribes
• Full-time nonresident students attending a New York College/University
• Seniors (ages 70+)

The requirements vary by category. For senior citizens, 70 years and older who are New York State residents, they are eligible for the following:

• $5 each fishing, hunting and trapping licenses
• Free bowhunting and muzzeloading privileges ($5 base hunting license is required)

In order to qualify, the required documents/proof are:

• For hunting licenses/privileges or trapping license: an appropriate hunter education program certificate or previous license/privilege;
• Proof of NYS residency.

Eligible Schuyler County seniors can get their reduced-fee licenses at the Schuyler County Clerk’s Office, 105 Ninth Street, Watkins Glen, New York, as well as at several town offices and businesses throughout the county. A complete list of approved locations can be found at the New York State Department of Environmental Conservation website.

Hunting and fishing in Schuyler County and New York State offer a wealth of outdoor recreational opportunities. Purchasing a free or reduced fee license for these activities is an excellent way for seniors to support New York's wildlife management efforts and remain active in our great outdoors.

Schuyler County to take up call to repeal “unconstitutional” new state gun laws

Schuyler County is expected to join a host of other counties across New York opposing the state’s new gun laws imposing stringent new requirements for concealed-carry permits and firearm bans on most public and private properties.

On Wednesday (October 5), a committee of the Schuyler County Legislature approved a draft resolution asking the state to repeal the “New York State Conceal Carry Improvement Act” as “an unconstitutional infringement upon the Second Amendment right for law abiding citizens …to bear arms” that is “riddled with cumbersome, confusing, and redundant barriers of compliance” and which “does nothing to deal with the problems of crime and illegal firearms, especially in light of New York State’s ill-considered ‘bail reform’ laws.”

The resolution states that the new rules create “unfunded mandates,” and “potential threats to due process rights.” It also singles out the new rules requiring citizens to divulge their social media accounts as a potential violation of the First Amendment.

The resolution, prepared by Sheriff Kevin Rumsey and County Attorney Steven Getman, is expected to go the full legislature at its monthly meeting on Tuesday (October 11).

Various counties have issued similar resolutions, including by Allegany, Greene, Madison, Niagara, Seneca, Wayne and St. Lawrence counties.

The “New York State Conceal Carry Improvement Act,” which went into effect September 1, has led to court challenges from gun owners who say it improperly limits their constitutional rights. The new gun laws have also been subject to criticism by law enforcement groups and legal experts, including the New York State Sheriff’s Association and the President of the New York State Bar Association.

The measure was passed by the state legislature and signed into law by Gov. Kathy Hochul on July 1, mere days after the U.S. Supreme Court invalidated key parts of the state’s prior concealed-carry provisions as a violation of the U.S. Constitution’s Second Amendment. The law was passed in the Senate on a party-line vote, with all 43 Democrats in favor and all 20 Republicans opposed.

Under the new law, applicants for a concealed-carry permit will have to complete 16 hours of classroom training and two hours of live-fire exercises and provide their social media accounts for review by law enforcement officials.

Additionally, even with a permit, ordinary citizens are prohibited from bringing guns to schools, churches, subways, theaters and parks, among other places deemed “sensitive” by the state. The list of prohibited spaces for carrying guns has drawn criticism from gun owners who say it is so extensive it will make it almost impossible for people to carry firearms outside the home without committing a felony.

Asked in June if there were any public places where carrying a firearm will still be allowed, Hochul said, “Probably some streets.”

Lawsuits challenging the new law have already appeared, including a complaint filed in the Northern District of New York alleging that “exorbitant fees, [a] slew of non-sensitive ‘sensitive locations’ and ‘restricted locations’ which include very public places (like parks and sidewalks), and incredulous demands for carry license applicants, all are entirely without historical example, and thus violate the Second Amendment.” The complaint also makes a First Amendment challenge to the social media submissions, arguing that New York is attempting to “use protected First Amendment activity to deny the exercise of another right.”

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

Second Amendment Legal Update, October 2022

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 SCOPE to Host “Meet the Candidates” Night

Finger Lakes Daily News:

The Schuyler County Chapter of SCOPE or the Shooters Committee on Political Education will hold a “Meet the Candidates Night” next week.

Shooters Committee on Political Education (S.C.O.P.E) is a non-partisan statewide organization dedicated to preserving Second Amendment Civil Rights through public education and promoting voter participation.

As part of its mission, S.C.O.P.E. is inviting candidates for countywide (local/state/federal) office to attend its quarterly meeting on October 6th at the Montour Falls Moose Lodge as a “Meet the Candidates Night.” Candidates will be given the opportunity to make a few brief remarks and answer questions from the membership. This will not be a debate but, rather, a chance for interested persons to interact with candidates directly.

Candidates invited include those persons running for Schuyler County Treasurer, County Legislature, New York State Senate, New York State Assembly, U.S. Congressional District NY-23 and others.

Members of the public are invited and encouraged to attend.

Notice of public hearing: Civil legal services in New York

The Chief Judge’s 2022 Hearing on Civil Legal Services in New York will be held Monday, September 19, 2022, 1:00 PM – 5:00 PM, at the Court of Appeals, 20 Eagle Street, Albany, NY

Topics may include:

• The impact of Judiciary Civil Legal Services funding (JCLS) on the delivery of civil legal services and the fair and efficient administration of justice in the State courts.
• The current scope of the unmet need for civil legal services by low-income New Yorkers and the funding necessary to provide effective assistance to meet those needs, including costs related to pandemic-
• related modifications to legal services delivery. The impact of adequate civil legal services funding on economic, social, and public health outcomes for low- income and vulnerable communities and individuals, including persons with disabilities, the elderly, veterans, and children.
• The economic benefits to individuals, communities, the courts, and the State from the provision of civil legal services where essentials of life are at stake.
• The cost and impact of a funded statutory right to counsel in meeting the civil legal needs of low-income New Yorkers.
• The impact on the delivery of effective civil legal services due to attorney shortages throughout the State, particularly in rural areas.
• The importance of bridging the digital divide, particularly with regard to remote appearances, to ensure equal access to justice.
• The need for increased pro bono services, law school programs, and non-lawyer programs, including the Court Navigator Program and Legal Hand.
• New or expanded community collaborations among legal services providers, law schools, law and public libraries, health care providers, and clergy.

Live Stream the hearing here.

Second Amendment Legal Update, September 2022

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.

11th National Animal Cruelty Prosecution Conference announced

The Association of Prosecuting Attorneys, in partnership with the Animal Legal Defense Fund, will host the 11th National Animal Cruelty Prosecution Conference on December 13-15, 2022 in Nashville, Tennessee.

The goal of this training is to provide prosecutors, law enforcement, and others with the requisite skills to strengthen links between the criminal justice system and the community by protecting our most vulnerable victims and to enhance prosecutors' ability to successfully identify and prosecute animal cruelty and animal fighting cases.

The conference is intended for prosecutors, law enforcement and animal control officers, veterinarians and related disciplines involved in the prosecution of animal cruelty crimes.

For more on the conference, including how to register, click here.

County Officials to Hochul: Raise the Age law at “crisis level”

A lack of juvenile detention facilities for teenagers charged with violent crimes under New York’s “Raise the Age” (RTA) law has reached a crisis level, often forcing counties to release the accused into the public and placing communities and children at risk.

That’s the finding of a statewide group of county officials and probation administrators, in a letter sent to Gov. Kathy Hochul on Monday (August 8).

As noted in the letter, the 2018 RTA law created a new “adolescent offender” status for 16-and 17-year-olds who commit a felony-level crime. Under the law, instead of being tried as adults and placed in jails, the most serious offenders could be sent to specialized secure detention facilities.

However, despite mandating that counties operate or have access to those facilities (which never existed before RTA), the scarcity of these state-certified facilities has led to “severely negative consequences,” for the public and the counties who administer the law.

“Today, counties either have to transport youth far from home while they await trial, or the youth remains free in their community after having been charged with serious crimes that include murder, attempted murder, rape, and robbery—many of which included the use of guns,” the letter notes. “Both scenarios, which are common occurrences in many jurisdictions, are a direct result of the state not being fully prepared for this hastily implemented legislation and its mandate that counties be solely responsible for detention.”

“When secure detention space is not available, the Adolescent Offender, which is often a high-risk individual alleged to have a committed a serious and violent crime, is released to be supervised by the probation department.”

To help resolve this crisis, the county officials are urging Hochul to transition some of the closed Department of Correctional and Community Supervision facilities to accommodate the lack of specialized secure detention beds.

The county representatives also suggested that the state allow the Finger Lakes Consortium to open a specialized secure detention facility.

That consortium, created via a 2018 Intermunicipal Agreement, drafted by Schuyler County Attorney Steven Getman, looks to establish a not-for-profit local development corporation to develop and operate a joint detention facility under RTA. Counties who have joined—or are looking to join—the consortium are Allegany, Chemung, Cortland, Livingston, Cattaraugus, Wayne, Schuyler, Steuben, Tioga, Tompkins and Yates. The counties contracted with John Treahy, of Treahy and Associates Consultation Services, an organization experienced in juvenile justice and child welfare issues, job coaching and staff training. v RTA was intended as a shift from punishing to rehabilitating teens charged with crimes. While in custody, the suspects would be eligible for a variety of case services and programs to divert them from offending again and give them access to treatment for addiction or other problems.

The “Raise the Age NY Campaign” believes the law will be more effective in preventing re-offenses. They cite a U.S. Center for Disease Control study that found youth who are tried in the adult criminal justice system are 34 percent more likely to commit future crimes than those who remain in the youth justice system.

A complete copy of the letter to Hochul, signed by representatives of the New York State Association of Counties, Council of Probation Administrators and County Executives’ Association can be found here

Schuyler County American Red Cross Blood Drive - November 8th, 2022

Schuyler County government will be hosting an American Red Cross Blood Drive on Tuesday, November 8, 2022.

The event will be held between 9:30am - 2:30pm at the county’s Human Services Complex, Conference Room #120, in Montour Falls.

Interested donors schedule an appointment here.

Second Amendment Legal Update, August 2022

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 Dad Lands in Jail for Failing to Pay Child Support

Finger Lakes Daily News:

A Schuyler County man was given a 90-day jail sentence for not paying over $11,000 in past-due child support, following an appearance in Schuyler County Family Court on Tuesday (July 19, 2022).

(T)he man was found in willful violation of a prior court order because he failed to pay $11,735.85 in court-ordered support for the benefit of his two children. This failure to pay stretched back to at least July 2018, and had already resulted in numerous judgments, a probation sentence and a prior order of incarceration, court records showed. The man is also facing a new child support violation proceeding, that can also result in up to an additional six months of incarceration. Most recently the respondent was picked up on a child support warrant in Chemung County on Monday (July 18, 2022).

Assistant County Attorney Vinton Stevens presented the violation case for the County Attorney’s office. At Wednesday’s court appearance, Stevens advised the court that the respondent had not made any payments toward the amount due since December 2021, although the man had been employed and paying up until that time.

Based on the evidence, Stevens argued that the respondent should be sentenced to 90 days in jail, due to the man’s failure to meet the conditions of a previously imposed suspended sentence.

The respondent was represented by Schuyler County Assistant Public Defender Mark Raniewicz.

After hearing from the attorneys, and giving the respondent an opportunity to speak, Schuyler County Family Court Judge Matthew Hayden determined that the respondent should be jailed. Therefore, he sentenced the respondent to ninety days of incarceration. Hayden also directed that the respondent could be released from jail if he paid the full amount of back child support.

****

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

Schuyler County to hold falls prevention seminar

The Schuyler County Office for the Aging will be holding its 2022 Falls Prevention Seminar on Tuesday, September 20.

The event features 15-minute presentations to help you identify and reduce potential fall risks. It also showcases local businesses and organizations providing balance and blood pressure screenings, health and wellness class demonstrations and more. Lunch is also being provided.

The seminar will be held from 10 am - 2 pm at the county’s Human Services Complex, 323 Owego Street in Montour Falls.

Please RSVP by September 15 by calling 607-535-6834 or by email.

For more information, click here.

Watkins Glen man sentenced for grand larceny, fraud

WETM:

On July 14, Louis Latorre, 48, was sentenced to five to 15 years in prison for the theft, the maximum possible sentence for each of his seven charges, according to the District Attorney’s Office. In June, Latorre pled guilty to pocketing $300,000 in “fictitious returns” from the hardware store Watkins Glen Supply between 2013 and 2020 and receiving $131,865 in public benefits.

Louis Latorre 

Neither Latorre nor his wife reported the extra income—which investigators said was thousands every month—resulting in them receiving more than $125,000 in public benefits from the Department of Social Services.

Law enforcement was tipped off in 2020 when a security camera in the store caught Latorre putting cash in his pocket. DSS later notified the DA’s office that Latorre and his wife were likely committing the fraud.

Latorre was originally arrested in November 2020 for the theft. Almost a year later in October 2021, he and Kimberley Latorre were arrested for failing to report their income and receiving the $131,865 in benefits from Social Services.

Note: Kimberly Latorre awaits trial and is presumed innocent until proven guilty.

(Photo from Finger Lakes Daily News)

Schuyler County Receives $22K in Federal PILT Funds

Finger Lakes Daily News:

Schuyler County has received $22,141.00 from the U.S. Department of the Interior under the 2022 Payments in Lieu of Taxes (PILT) program, county officials announced Tuesday.

Notice of the Award was received by Schuyler County Attorney Steven Getman on Monday (June 27). According to Getman, PILT payments are made for tax-exempt federal lands administered by the Department’s agencies, including the Bureau of Land Management, U.S. Fish and Wildlife Service and the U.S. Forest Service.

That includes the Finger Lakes National Forest, located in both Schuyler and Seneca Counties, Getman said.

“PILT seeks to compensate local governments for the inability to collect property taxes on federally owned land,” Getman explained. “It’s a recognition that local governments provide significant support for national parks, wildlife refuges, and recreation areas.”

According to County Administrator Fonda Chronis, the funds can be used for essential local government services, such as emergency services, transportation infrastructure, law enforcement and health care.

“This program is an important example of how the federal government can act as a good neighbor to the county and help local governments carry out vital services,” Chronis said.

“The Schuyler County Legislature remains committed to utilizing revenue from every source to offset burdens on local taxpayers,” he added.

Schuyler County Treasurer Holley Sokolowski noted that the amount paid was approximately ten percent more than the previous year.

“It was also the highest amount received this year by any county upstate, with only Dutchess and New York Counties receiving higher awards,” Sokolowski said.

Schuyler County man jailed for failure to pay nearly $31,000 in back child support

A Schuyler County man was given a 60-day jail sentence for not paying nearly $31,000 in past-due child support, following an appearance in Schuyler County Family Court on Wednesday (July 6, 2022).

According to the office of Schuyler County Attorney Steven Getman, the man was found in willful violation of a prior court order because he failed to pay $30,993.72 in court-ordered support for the benefit of his two children. This failure to pay stretched back to at least November 2018, court records showed.

Assistant County Attorney Vinton Stevens presented the violation case for the County Attorney’s office. At Wednesday’s court appearance, Stevens advised the court that the respondent had paid only $1,910.65 toward the amount due. Stevens also noted that the man was recently apprehended on a criminal court warrant in Chemung County, and he was already facing extradition to another state for a separate criminal prosecution.

Based on the evidence, Stevens argued that the respondent should be sentenced to 60 days in jail, consecutive to any sentence for the Chemung County criminal matter.

The respondent was represented by Schuyler County Assistant Public Defender Mark Raniewicz. Raniewicz asked the court to consider his client’s circumstances, arguing that the respondent intended to get a job and pay support upon his release from incarceration and that the court should impose any jail sentence concurrent to any sentence in Chemung County.

After hearing from the attorneys, and giving the respondent an opportunity to speak, Schuyler County Family Court Judge Matthew Hayden confirmed the man had willfully violated the child support order, and determined that the respondent should be jailed. Therefore, he sentenced the respondent to sixty days incarceration, consecutive to any sentence in the Chemung County criminal matter and entered a money judgement for the past due child support. Hayden also directed that the respondent could be released from jail if he paid the full amount of back child support.

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

“These jail sentences send 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 in prosecuting child support cases brought in 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 and address was not released to protect the privacy of his children and family.

Second Amendment Legal Update, July 2022

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.

Happy Independence Day

Public Comment Sought on Proposed Amendment for Uniform Standards of Eligibility in Family Court

The New York State Unified Court System is seeking public comment on a proposal that would implement eligibility standards for assigned counsel in all family court proceedings. This proposal would provide in part that:

1) “A person entitled to publicly funded counsel pursuant to [FCA 262, SCPA 407, or Judiciary Law 35(8)] shall be financially eligible for counsel when the person’s current available resources are insufficient to pay for a qualified private attorney, the expenses necessary for effective representation, and the reasonable living expenses of the person and any dependents.”

2) “Counsel shall be provided at the first court appearance or immediately following the request for counsel, whichever is earlier. Eligibility determinations shall be made in a timely fashion so that representation by counsel is not delayed.”

3) “A parent or legally responsible person, as defined by law, shall be entitled to and provided with immediate representation by counsel: (i) upon the filing of a petition or pre-petition request under Article 10 of the Family Court Act for an order for immediate removal of a child or temporary order of protection; (ii) where the court has received notice of an extra-judicial emergency removal of a child; or (iii) upon the filing of a petition alleging abuse or neglect against the parent or person legally responsible. In accordance with this entitlement, counsel shall be provided sufficiently in advance of the person’s first court appearance and shall also be provided for parents during a child protective agency investigation ….”

4) A presumption of eligibility when the person’s net income is at or below 250% of the Federal Poverty Guidelines; the person is incarcerated, detained, or confined to a mental health institution, or is currently receiving, or has recently been deemed eligible pending receipt of, need-based public assistance, or within the past six months, has been deemed financially eligible for counsel in another court proceeding in that jurisdiction or another jurisdiction.

5) A determination denying counsel by the court or delegated screening entity shall be in writing, shall include reasons for the denial and procedure for seeking reconsideration, and shall be provided to the person seeking counsel.

The request for public comment can be found here.

Notice of Entry: Judgment of Foreclosure

PLEASE TAKE NOTICE that annexed hereto is a true and correct copy of the Judgment of Foreclosure dated June 16, 2022, in The Matter Of Foreclosure Of Tax Liens By Proceeding In Rem Pursuant To Article Eleven Of The Real Property Tax Law by the County of Schuyler, that was entered in the office of the Clerk of the County of Schuyler on June 16, 2022 at 4:15 pm.

Judgment of Foreclosure with Notice of Entry Ind No. 19-145 by Steven Getman on Scribd

Virtual Court Navigator Pilot Program Announced

Virtual Court Navigators help court users prepare for court appearances, find court forms, get answers to general questions, find

community programs and services, refer people to legal service providers, navigate the court’s website, and more. It is a free program, designed to help people who either have or would like to start a court case

On June 6, the Virtual Court Navigator Pilot Program began scheduling appointments for unrepresented court users in: Albany, Columbia, Rensselaer, Ulster, Broome, Tompkins, and Chemung Counties as well as Erie County Surrogate’s Court.

Users in those counties who want schedule a time to meet with a virtual court navigator, can complete the online intake form.

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

Beware these Cryptocurrency Investment Risks

New York State officials are reminding the public of some of the potential risks of investing in cryptocurrencies. According to officials, investors in virtual assets should beware of the following:

• Highly Speculative and Unpredictable Value;
• Difficulty Cashing Out Investments;
• Higher Transaction Costs;
• Unstable “Stablecoins;
• Hidden Trading Costs;
• Possible Conflicts of Interest;
• Limited Oversight.

Even “legitimate” investments in virtual assets are subject to speculative bubbles and security issues, the report notes.

Members of the public who are worried that they have been a victim of investment fraud, can contact the Investor Protection Bureau or seek the advice of a competent attorney of their own choosing.

For more guidance on the possible risks associated with cryptocurrencies click here.

Second Amendment Legal Update, June 2022

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. News is current as of June 3, 2022 at approximately 12:00 pm.

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

Memorial Day, 2022

Ronald Reagan Memorial Day Remarks at Arlington National Cemetery, 1986:

National Boating Safety Week: May 21 to May 27

National Safe Boating Week is being held from May 21-27, 2022, reminding all boaters to brush up on boating safety skills and prepare for the boating season.

This observance week is the annual kick-off of the Safe Boating Campaign, a global awareness effort that encourages boaters to make the most of their boating adventure by being responsible

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The National Safe Boating Council recommends these tips for boaters:

• Take a boating safety course. Gain valuable knowledge and on-water experience in a boating safety course with many options for novice to experienced boaters.
• Check equipment. Schedule a free vessel safety check with local U.S. Coast Guard Auxiliary or U.S. Power Squadrons to make sure all essential equipment is present, working and in good condition.
• Make a float plan. Always let someone on shore know the trip itinerary, including operator and passenger information, boat type and registration, and communication equipment on board.
• Wear a life jacket. Make sure everyone wears a life jacket – every time. A stowed life jacket is no use in an emergency.v • Use an engine cut-off switch – it’s the law. An engine cut-off switch is a proven safety device to stop a powerboat engine should the operator unexpectedly fall overboard.
• Watch the weather. Always check the forecast before departing on the water and frequently during the excursion.
• Know what’s going on around you at all times. Nearly a quarter of all reported boating accidents are caused by operator inattention or improper lookout.
• Know where you’re going and travel at safe speeds. Be familiar with the area, local boating speed zones and always travel at a safe speed.
• Never boat under the influence. A BUI is involved in one-third of all recreational boating fatalities. Always designate a sober skipper.
• Keep in touch. Have more than one communication device that works when wet. VHF radios, emergency locator beacons, satellite phones, and cell phones can all be important devices in an emergency.

The Safe Boating Campaign is produced under a grant from the Sports Fish Restoration and Boating Trust Fund and administered by the U.S. Coast Guard. The campaign offers a variety of free and paid resources to support local boating safety education efforts. Learn more here.

Sexual Harassment Complaint Hotline Established for New York

New York State has created a toll-free confidential hotline for complaints of workplace sexual harassment.

The new law also provides free legal assistance to individuals who contact the hotline. The New York State Division of Human Rights intends to recruit experienced attorneys acting in a pro bono capacity to provide legal advice to complainants.

Once the hotline is established, New York employers will be required to include information about the hotline in any materials they are required to post or provide to employees regarding sexual harassment.

The law regarding the hotline goes into effect on July 14, 2022. For more information about the hotline, click here.

Crime, courts addressed in New York State Budget

Various aspects of the recently passed New York State Budget address issues related to crime and the courts. They include:

Bail Reform. The Budget expands the number of offenses for which bail may be considered. The Budget also directs the court to consider the following list of factors when setting bail:

• the defendant’s activities and history;
• the charges against the defendant;
• past criminal convictions;
• any previous violation of an order of protection;
• a defendant’s potential flight risk;
• a defendant’s ability to post bail without undue hardship;
• a defendant’s history of use or possession of a firearm; and
• whether the charge is alleged to have caused “serious harm” to an individual or group of individuals.

Discovery Reform. District Attorneys are no longer required to provide automatic discovery for cases involving:

• a simplified information charging traffic infraction; or
• an information charging one or more petty offenses defined by a village, town, city, or county municipal code that do not carry a statutorily authorized sentence of imprisonment (defendants may still file a motion for disclosure of evidence in such cases).

In addition, prosecutors will be allowed to file a supplemental certificate of compliance for delayed disclosure of discovery materials.

Violent Crime Initiatives. In addition to establishing an Office for Gun Violence Protection, the Budget includes a variety of program funding purporting to address what the legislature considers “gun violence,” including among others:

• $18.2 million for the Gun Involved Violence Elimination (GIVE) initiative;
• $13.1 million to expand the use of Community Stabilization Units that partner State Troopers with local law enforcement agencies;
• $21 million for community-based gun violence response programs (SNUG);
• $25 million for the Securing Communities Against Hate Crimes (SCAHC) program;
• $10 million in new funding for pretrial services to help divert people from unnecessary detention while also keeping communities safe; and
• $20 million in new funding for crime reduction programming in those communities most impacted by gun violence

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More on the New York State budget can be found here.

Second Amendment Legal Update: May, 2022

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 Sunday May 1 as “Law Day”

Law Day is Sunday (May 1) and the Schuyler County Legislature has recognized as the Law Day 2022 theme “Toward a More Perfect Union: The Constitution in Times of Change.”

The legislature passed a resolution at its April 11, 2022 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 Preamble to the United States Constitution mentions forming ‘a more perfect Union’ first in its list of purposes of the Constitution,” Getman wrote.

According to Getman, “the Preamble serves as an introduction to the highest law of the land. It sets the stage for the Constitution and communicates the intentions of the framers and the purpose of the document.”

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.”

Legislator Jim Howell (R-District IV) moved the motion to floor. It was second by Legislator Mark Rondinaro (R-District VII) and supported unanimously by the members present.

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, 2022 as ‘Law Day’ in Schuyler County” is available here.

Schuyler County announces 2022 Life Planning Seminar

Schuyler County officials are sponsoring the 2022 Life Planning Seminar.

The seminar addresses advance care decisions for your quality of life. Topics include:

• Power of Attorney,
• Last Will and Testament,
• Health Care Proxy,
• Living Will,
• Rethinking our approach to dying,

The event will be held May 19, 2022 from 1:00- 5:00 pm at the Montour Falls Moose Lodge, 2096 County Rd 14, and is being conducted by the County Office for the Aging.

The event is free, but seating is limited. Reservations are required. To make reservations, call the Office for the Aging at 607-535-7108 prior to Friday, May 13, 2022.

New York State Court system’s annual report released

The New York State Unified Court system has issued its annual report for the previous year.

Among the issues addressed in the report for 2021 are:

• Equal Justice in the Courts
• Gun Crimes
• Justice for Children
• Problem-Solving Courts and Initiatives
• Expanded e-filing

The New York State Unified Court System is administered by the Office of Court Administration (OCA) under the authority of the Chief Judge and Chief Administrative Judge. >OCA provides financial management, automation, public safety, personnel management and other essential services to support day-to-day court operations throughout the state, including Schuyler County.

A complete copy of the report is available here.

Second Amendment Legal Update: April, 2022

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.

Kyra’s Law: reforms proposed to address domestic violence, protect children

A proposed law to reform New York State’s divorce and Family Courts to protect children and families at risk of domestic violence, is moving closer to passage.

"Kyra’s Law," currently in committee, would amend Domestic Relations Law 240, adding a number of requirements and presumptions in any custody and visitation proceeding involving allegations of child abuse or domestic violence by a parent, regardless of whether the allegations involve the subject child.

The provisions include:

• A requirement that the court must first consider allegations of child abuse or domestic violence before considering any other best interest factors and hold a hearing on the allegations within 60 days of the filing of a petition.
• If the court finds a pattern of domestic violence or child abuse, then the court must award sole custody to the “non-offending parent” and must suspend visitation, or only award professionally supervised visitation, without court discretion.
• In any custody and visitation proceeding where such pattern is found, concerns regarding parental alienation are not admissible and may not be considered in a best interests determination.

The proposed law would also mandate domestic and child abuse training for state judges and other court officials.

For the complete text of the proposed law, click here.

2022 National Domestic Violence Prosecution Conference Announced

The Association of Prosecuting Attorneys and the Domestic Violence (DV) Prosecution Committee will host the Fourth National Domestic Violence Prosecution Conference on May 23-25, 2022 in Villanova, Pennsylvania:

The conference is meant to bring together practitioners to provide a forum for deeper learning of enhanced strategies for the

investigation and prosecution of DV-related crimes. Consisting of various presentations, group discussions, and resource-sharing opportunities, the convening will provide attendees with a chance to strengthen their understanding of the intricacies and data-driven approach to DV investigation and prosecution over the course of two and a half days. Topics will include the connection between DV and violent crime, how to handle victim recantation, and special considerations for virtual hearings.

This conference is intended for prosecutors and victim advocates involved in the prosecution of DV-related crimes.

Learn more and register here.

New York State Judicial Conduct Commission Releases Annual Report of Activity

In the 2022 Annual Report of its activities for 2021, released March 3, the New York State Commission on Judicial Conduct reported the following:

• 1,938 new complaints were received and processed.
• 375 preliminary inquiries were conducted.
• 302 full-fledged investigations were undertaken: 125 new ones and 177 carried forward from 2020.
• 13 judges resigned and publicly agreed never to return to judicial office.
• 10 other judges resigned while complaints were pending, where it had not been determined permanent departure from office was warranted or appropriate.
• 4 judges were publicly censured or admonished.
• 20 judges were issued confidential cautionary letters.
• 191 matters were pending at year’s end.

The New York State Commission on Judicial Conduct is the independent state agency that reviews complaints of ethical misconduct against the 3,500 judges and justices of the State Unified Court System and, where appropriate, renders public disciplinary Determinations.

The 2022 annual report is available here.

Second Amendment Legal Update: March, 2022

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.

Senate proposal would change OTB representation

Copyright © 2022 FINGER LAKES MEDIA. All rights reserved

The state has proposed legislation that will change how Off-Track Betting (OTB) is overseen and operated. Under the proposed bill introduced by state Sen. Tim Kennedy, instead of each member county having its own representative, membership would be distributed by population.

"And Schuyler County would be forced to share a single representative with Cayuga, Chautauqua, Genesee, Livingston and Seneca Counties," said County Attorney Steven Getman. "Larger, western counties, such as Monroe and Erie, would gain representation on the board."

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Western Regional Off-Track Betting is a public benefit corporation that is owned by 15 counties and the cities of Buffalo and Rochester. Currently, there are county and city representatives that comprise the board of directors. The proposed bill would drastically change that structure with one member representing Chautauqua, Cayuga, Genesee, Livingston, Schuyler and Seneca counties, one member representing Oswego, Cattaraugus and Wayne counties, three representing Monroe, Wyoming and Orleans counties and four would represent Erie County. Additionally, one representative would represent Niagara County, another one would be appointed by the governor, one would be appointed by the Senate majority leader, and finally one would be appointed by the Assembly speaker.

While the new legislation is noted to help address prior problems, officials question if shifting the power to fewer areas of the state will actually accomplish those goals.

"Schuyler County, through its representation on the OTB board of directors, has been very vocal in trying to unravel these alleged deficiencies in the current OTB operations and this legislation would, paradoxically, weaken its voice in OTB governance," said Getman. "Had this legislation been in effect during the past several years, Schuyler County's ability to challenge these alleged deficiencies would likely have been seriously curtailed."

Remote Meetings Authorization Extended by NY Governor

On February 14, Governor Kathy Hochul issued Executive Order 11.3, which extends the State disaster emergency (and, therefore, the remote meeting authorization for public bodies) through March 16, 2022.

For more information on conducting public meetings during this period, click here.

Valentine's Day 2022: Avoid these "romance scams."

Romance scams in 2021: Fraudsters to the left of you, fakers to the right

Love happens year-round, not only on Valentine’s Day. Unfortunately, romance scams are the same. So, along with sharing (or not) some chocolate, make Valentine’s Day a time to share with people you care about some ways to spot and avoid romance scams. Because, according to a new FTC report, people sent $547 million to online romance scammers last year.

How can you avoid a romance scam?

If someone appears on your social media and rushes you to start a friendship or romance, slow down.
Don’t send a reload, prepaid, or gift card; don’t wire money; and don’t send cryptocurrency to someone you met online.
If you suspect a romance scam, cut off contact. Tell the online app or social media platform right away, and then tell the FTC at ReportFraud.ftc.gov.

Second Amendment Legal Update: February 2022

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.

Raise the age: lawmakers raise concerns

© Copyright 2022 Press-Republican:

Sounding off at a state budget hearing, several lawmakers said the New York law that raised the age of criminal responsibility to 18 has been implemented with inadequate access to secure housing for offenders and may be a factor in the spread of gang violence.

The Raise the Age law was intended to keep young lawbreakers out of adult courts and prisons and provide them with programming so they won’t end up being mired in lives of crime.

Sen. Tom O’Mara, R-Big Flats, the ranking member of the Senate Finance Committee, said there are indications from law enforcement officials that criminals have been enlisting 16- and 17-year-old juveniles in their schemes because the youths face minimal legal consequences.