The 2024 Law Day theme “Voices of Democracy” recognizes that in democracies, the people rule.For nearly 250 years, Americans have expressed their political views and wishes by speaking their minds and voting in elections.
In 2024, the United States will hold its 60th presidential election, and Americans will address fundamental questions about democracy and the rule of law.
For more information, click here.
Please take notice that on 2nd November, 2023, 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, D, E, and F, 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 29, 2024.
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 OF FORECLOSURE by Steven Getman on Scribd
In this role, Marmor will join Getman in representing Schuyler County in civil litigation, family court prosecutions and related matters.
Getman said, “I am honored to have an attorney with Sophie’s education and experience working for our office. I am confident that she will represent Schuyler County government effectively and ethically.”
Marmor stated “I am proud to be joining County Attorney Getman’s office. Having known Mr. Getman and his staff for a number of years, I have been impressed with their integrity and commitment to the taxpayers, children and families of Schuyler County.
In addition to Getman and Marmor, the Schuyler County Attorney’s staff consists of first assistant county attorney Kristin Hazlitt, of Hector, as well as secretaries Ramona Cunningham and Brandy Bower.
Marmor is a graduate of the Benjamin N. Cardozo School of Law and of Stern College for Women, Yeshiva University, magna cum laude.
In addition to her attorney duties, Marmor has served as a member of the Schuyler County Coalition Against Underage Drinking and Drug Use, a teacher at the Jewish Community School of the Twin Tiers and as Captain of the Yeshiva University NCAA III 2008-2009 Varsity Fencing Team.
The County Attorney is the legal advisor to all county officials and prosecutes and defends civil actions by and against the county. In addition, the County Attorney prosecutes family court cases involving child abuse and neglect, juvenile delinquency and child support violations.
November 27 this year is Cyber Monday and fraud expert for the National Consumers League, John Breyault, told Gannett News there are three scams consumers should be aware of ahead of this holiday season:
• Deals that seem too good to be true
• Porch pirates
• Delivery scams
There is also information on what to do if you've been scammed.
For more information on each scam, and how to avoid it, click here.
“Estate planning is the process of arranging in writing who will receive your assets when you die,” Getman explained. “It can also provide clear end-of-life directives should you become incapacitated before ultimately passing away.”
“Common, and important, documents may include a Last Will and Testament, a Power of Attorney, a Health Care Proxy and a Living Will.”
“It’s estimated that over half of Americans do not have an up-to-date estate plan,” Getman said. “This creates hardship, both financial and emotional, for your loved ones.”
“For example, when you don’t have a Will, the court process — known as intestate administration — can get especially complicated. The court has to name an administrator to oversee your estate. And this can be time-consuming, expensive, and even contentious for your family members.”
“Having a plan helps make sure your money and property go to those you intended, not to others, or even the government, when you pass away,” Getman noted.
“It can also minimize taxes so that your loved ones can keep more of your property.”
“Even if you have a plan, it’s a good idea to review it from time to time,” Getman said. “Changes in the law, family, business and other life circumstances can have sweeping effects on your plan. This week is a perfect time to look over your existing plan to best protect you and your family.”
According to Getman, anyone looking for a local estate planning lawyer may be able to obtain assistance by calling the New York State Lawyer Referral and Information Service at 1-800-342-3661 or visiting them online at www.findalawyernys.org.
National Estate Planning Awareness Week was established by Congress in 2008 to help consumers understand estate planning and its importance, along with how best to create a qualified team of professionals to assist in the estate planning process.
The Schuyler County Attorney is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including estate claims, adult protective cases and tax matters. Among the agencies the office represents are the County Treasurer, Office for the Aging and Department of Social Services.
Cornell Law School is starting a Veterans Law Practicum and recently received a grant for addressing housing and civil legal services for Veterans and their families.
The Cornell Law Veterans Practicum can help with:
• Disability rightsand more.
• Housing problems
• Veterans benefits
• Discharge upgrades
Eligible veterans and their families can scan a QR code to fill out a form for legal help or call (607) 307-5116 to leave a voicemail with their name and number.
The document, which is regularly updated, is available on the NYCOM website.
According to NYCOM, this year there were 869 pieces of legislation that passed both houses and have been or will be delivered to Governor Hochul for her approval or veto. A copy of the update, current as of September 5, 2023, appears below.
NYCOM Summary of Legislation by Steven Getman on Scribd
The legislature’s resolution, drafted by County Attorney Steven Getman, urges civil and educational authorities of states, counties, cities and towns to make plans for the proper observance of the day and “for the complete instruction of citizens in their responsibilities and opportunities as citizens of the United States, and of the state and locality in which they reside.”
The resolution was approved at the legislature’s August 14 meeting.
In remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution on Feb. 29, 1952 (36 U.S.C. 106), designated September 17 as Constitution Day and Citizenship Day.
A complete copy of the county’s resolution is available here.
“Seniors and vulnerable adults are being coerced/forced to participate in illegal activity,” the announcement reads. It also notes they can get trapped by identify theft and money scams.
The program looks at ways to identify illegal activity and how to guard against it.
The trainings will be conducted by former New York State Police Instructor Michael Bruggman. Bruggman provides training to various groups including law enforcement, corrections officers, medical staff, teachers, substance abuse counselors, community groups and others.
The event will be held on September 26 at the Schuyler County Human Services Complex, 323 Owego Street, Montour Fall, New York.
As part of the events there will be a simulated drug paraphernalia display set up for the entire day. All items are safe and will contain no illegal or dangerous substances.
For more information, or to RSVP, contact the Schuyler County Department of Social Services Adult Protective Division.
On Monday (August 14), the Schuyler County Legislature voted to allow former owners who lost their properties in this year’s foreclosure to submit offers to County Treasurer Holley Sokolowski to buy back the land. If accepted, County Attorney Steven Getman is authorized to prepare a deed to the former owner, returning the property.
The offer must be accompanied by payment of “the full amount of taxes, penalties, interest and other county expenses involved with the property,” the legislature held.
Offers can be accepted up to two weeks prior to the auction, or September 18, Sokolowski said.
“After the deadline, any remaining properties will be sold to the highest bidder at the county’s tax auction,” she explained.
“The notice reminds them of the foreclosure and provides a way to avoid the sale,” Getman said. “Notices are sent by mail and, in addition, copies of the court’s foreclosure judgment are served on the properties by the sheriff’s department.”
The foreclosure order transferring ownership of each property to Schuyler County was entered by the New York State Supreme Court on June 27, Getman said.
The August 14 resolution is the latest step in the county’s efforts to collect overdue taxes while keeping people in their homes, Sokolowski said.
According to Sokolowski, each November, the county mails out Foreclosure Notices and Petitions to properties with back tax liens from the prior year. Those notices go out by both regular and certified mail to property owners, mortgage holders and others with identified interests in the delinquent properties. The notice warns that failure to pay the back taxes can result in a court order foreclosing on the property.
The county also publishes a list of the delinquent taxes in two local newspapers and, in certain cases, posts warnings on the properties that they could be sold for back taxes, she said.
In addition, though not required by law, in February, Sokolowski and Getman sent letters, with handwritten notes on the envelopes, to property owners who still had not paid their back taxes, in an effort to prevent foreclosure.
“That cut the delinquent list by more than half,” Sokolowski said. “A lot of people came in and paid when they got the letters.”
Finally, property owners were invited to attend an online conference with state-appointed court attorney/referee, to discuss settlement options with county officials.
Only after each of those steps occurred, Getman explained, did the court enter a judgment foreclosing on the property.
Under the law, after the foreclosure order, the county conducts a tax auction in order to satisfy delinquent property taxes, Getman said. At the auction, the property will go to the highest bidder. The successful bidder must pay the taxes due with any other lawful charges and fees and, is given a quitclaim deed to the property. Sale proceeds are then used to make the county whole for missed taxes, he explained.
“Pursuant to a recent U.S. Supreme Court decision, any surplus funds obtained as a result of the sale will be held in escrow, pending a determination of claims to those funds, above and beyond the county’s costs,” Getman said.
The properties to be auctioned will be posted on the county's website and in pamphlets available at the treasurer's office, Sokolowski said.
As County Treasurer, Sokolowski is the fiscal officer of county government and enforcement officer for unpaid property tax liens.
As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including tax matters.
The current chair of the Schuyler County Legislature is Carl Blowers. The resolution to allow the buy-back was introduced by the county’s “management and finance” committee, chaired by legislator Phil Barnes.
For more details on the buyback program, the tax auction and other aspects of the foreclosure process, interested persons can contact the county treasurer (607-535-8181) or visit the county’s website.
As of August 1, state law will automatically enroll New Yorkers in additional coverage that you may not need.
“Everybody is now going to be automatically enrolled with the supplemental spousal liability coverage whether they’re married or not so it is causing some confusion and some concern with a lot of the insured,” explained David Kirst, senior insurance specialist with AAA. Kirst told Capitol Correspondent, Amal Tlaige, right now, if someone were to get in an accident with their spouse at fault they’d only have access to the personal injury protection. “Which will cover medical payments up to $50,000 if they just have the basic personal injury protection, but they are not gonna have access to any of the bodily injury liability limits.”****
While enrollment is automatic, Kirst said you can opt-out, “But they have to do it in writing. You are going to have a declination form that you will have to sign saying ‘I do not want this coverage’ otherwise it’s just being added to the policy.” That declination form can be found at dfs.ny.gov or you can get it directly through your provider.
On Wednesday (July 19, 2023), Justice Lyle Frank granted Schuyler County Attorney Steven Getman’s motion to dismiss the case for a failure by the city to state a cause of action against the county.
In doing so, Frank agreed with Getman that the city’s case against the county was “non-justiciable” and that the city’s arguments for continuing the lawsuit were “speculative and without merit.”
Attorneys from New York City’s 850-lawyer Department of Law had argued that Schuyler County continued to oppose the city's use of hotels in its communities to provide temporary housing assistance to asylum seekers during the statewide migrant emergency, despite the county’s emergency order having expired.
The decision comes a day after Getman traveled to New York City for oral argument before Frank on the motion.
Getman said he was relieved but not surprised.
“We were likely to succeed on a number of our claims, including mootness, arguments that the city lacked standing against Schuyler County and that the lawsuit was brought in an improper forum,” he said.
In May, Schuyler County Legislature Chair Carl Blowers issued a local state of emergency for ten days that prohibited municipal programs from housing illegal migrants or asylum seekers. It also prevented any hotel, short-term rental and motel in the county from entering into a contract to house them. It was issued in response to plans by New York City Mayor Eric Adams to send asylum seekers to other areas of the state. Blowers’ order expired May 21.
In June, New York City sued Schuyler County and more than 30 municipalities and local leaders throughout the state, alleging the emergency orders illegally obstructed the city's efforts to relocate migrants upstate. The suit asked the state Supreme Court to invalidate the emergency orders on claims that they were unconstitutional. It also sought to prohibit the municipalities from taking steps that "restrict or frustrate" the city’s efforts to address the statewide emergency, which Gov. Kathy Hochul declared on May 9.
Judge Frank’s decision applies to Schuyler County only, Getman said. The other municipalities’ motions are expected to be addressed in separate orders.
According to Getman, the city has approximately thirty days to appeal Frank’s decision.
A complete copy of the Schuyler County Attorney’s Memorandum of Law supporting dismissal is here.
A copy of Frank’s decision is available here.
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.
NOTICE OF ENTRY: Judgment of Foreclosure
Index No. 21-21
PLEASE TAKE NOTICE that annexed hereto is a true and correct conformed copy of the Judgment of Foreclosure dated June 27, 2023 that was entered in the office of the Clerk of the County of Schuyler on June 28, 2023, at 10:37 a.m.
Enforcing Officer: Holley Sokolowski
Treasurer, County of Schuyler
105 Ninth St, Unit 17
Watkins Glen, NY 14891
Tel: 607.535.8181
Attorney for the tax district:
Steven J. Getman, Schuyler County Attorney
105 Ninth Street, Unit 5
Watkins Glen, NY 14891
Tel: 607.535.8121
PLEASE TAKE FURTHER NOTICE, notwithstanding the above judgment, you may have rights to repurchase the property pursuant to Schuyler County Buyback Policy/Practice, Resolution No. 484 of 2008, a copy of which is available at: https://www.schuylercounty.us/DocumentCenter/View/54/Minutes---2008- (Restictions and deadlines apply. Please contact the Treasurer for more details).
Congressman Nick Langworthy is pleased to announce nine Drug-Free Communities grants for organizations aimed at preventing youth substance use in Erie, Chautauqua, Steuben, Schuyler, and Cattaraugus Counties."The Drug-Free Communities grants awarded to the five counties across my district represent a vital investment in our children and the future of our communities,” said Congressman Langworthy. “By empowering local coalitions and fostering collaboration among various sectors, these grants enable us to tackle youth substance use head-on with locally tailored solutions. Through evidence-based strategies and community engagement, I am confident that this grant will make a meaningful and lasting impact on our youth.”
****
In Schuyler County, a grant will be awarded to the Schuyler County Coalition on Underage Drinking and Drugs.
The Drug-Free Communities (DFC) Support Program funds community-based coalitions that engage multiple sectors of the community to prevent youth substance use. This program provides grants of up to $125,000 per year for five years to community coalitions to strengthen the infrastructure among local partners to create and sustain a reduction in local youth substance use.
The Schuyler County Coalition on Underage Drinking and Drugs (SCCUDD) is a group of dedicated community members, businesses, and agencies. For more on the coalition, click here.
Governor Kathy Hochul (on June 8) announced the launch of an interagency initiative to cease the sale of untested cannabis from unlicensed storefronts and trucks. Enforcement officers from the New York State Office of Cannabis Management and Department of Taxation and Finance conducted inspections at storefront businesses not licensed to sell cannabis and issuedFor more information on the new legislation, click here.Notices of Violation and Orders to Cease Unlicensed Activity, when appropriate. These actions will be replicated across the state to end public sales of untested cannabis by unlicensed businesses. As part of the FY 2024 Budget, Governor Hochul signed critical legislation allowing for these expanded enforcement actions against unlicensed cannabis businesses to take place.****
Governor Hochul signed legislation allowing for enhanced enforcement of unlicensed cannabis businesses as part of the FY 2024 Budget. The legislation allows the Office of Cannabis Management to assess civil penalties against unlicensed cannabis businesses that would undercut their efforts, with fines of up to $20,000 a day for the most egregious conduct. It also makes it a crime to sell cannabis and cannabis products without a license.
As a result of the legislation, the Department of Taxation and Finance can also conduct regulatory inspections of businesses selling cannabis to determine if appropriate taxes have been paid and levy civil penalties in cases where appropriate taxes have not been paid. The legislation also establishes a new tax fraud crime for businesses that willfully fail to collect or remit required cannabis taxes, or knowingly possess for sale any cannabis on which tax was required to be paid but was not.
The scheduled panelists are
Jessica Cherry, Esq. — Assistant Deputy Counsel for the New York State Unified Court System, Office of Court Administration
Hon. Craig J. Doran — New York Supreme Court Justice and Chair of the Commission to Reimagine New York's Courts’ Pandemic Practices Working Group
Hon. Fern Fisher (ret.) — Special Assistant for Social Justice Initiatives to the Dean of the Maurice A. Deane School of Law and Visiting Associate Professor of Law at Hofstra University
This free Zoom program is open to the public. CLE credit is available for attorneys who attend. Registration is required.
For more information, including registration, click here.
Blowers has issued an executive order that places the county under a Local State of Emergency that prohibits municipal programs from housing illegal migrants/asylum seekers. It also prohibits any hotel, short-term rental and motel in the county from entering into a contract to house them, or risk daily fines.
According to Blowers’ order there is reason to believe that these migrants could be transported to Schuyler County, with no reason to believe they will leave. The order finds a potential emergency for the public with the threat of large numbers of people being transported to the county.
The order notes that New York City Mayor Eric Adams has put in place plans to send illegal aliens to other areas and that Governor Kathy Hochul issued a May 9 Executive Order to boost support for asylum seekers. It also notes that Tompkins County, which borders Schuyler County is a sanctuary county, increasing the chances of migrants finding their way to Schuyler County.
The county doesn’t have the appropriate services to take in large numbers of people, especially given its small population, and there is no legal basis to provide services to them through the Department of Social Services, the order states.
Under the order, anyone found in violation of the emergency rules may be liable for a civil penalty of up to $2,000 per migrant/asylum seeker per day, and could be found guilty of a Class B Misdemeanor. The Schuyler County Sheriff is authorized to issue appearance tickets for any violation and the County Attorney may commence civil lawsuits against violators as well.
Blowers has set the emergency order to be in effect for five days unless sooner modified, extended, or revoked, and may be extended for additional periods.
A complete conformed copy of the Local Emergency Order is available below
The legislature passed a resolution at its April 10, 2023 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.
“Promoting collaboration and civility is an important component in the civic education of the citizens of the United States, the State of New York and the County of Schuyler so that we might respectfully resolve our disputes, strengthen the bonds between citizens, and protect the promise of freedom,” Getman wrote.
However, the resolution noted, “overly-entrenched political beliefs, unwarranted personal attacks, efforts to silence those with whom one disagrees, and a national news media often prone to sensationalism and partisanship may erode civility, collaboration and the blessings of liberty.”
In passing the resolution, the legislature called upon all Schuyler County residents “to observe this day by renewing their commitment to civic engagement, civility, and collaboration, to promote justice, liberty, and equality under the law.” It was supported unanimously by the members present.
May 1, 2023 is the 65th Law Day. In 1958, President Dwight D. Eisenhower issued the first Law Day Proclamation to mark our nation’s commitment to the rule of law. Each year the American Bar Association selects an annual theme for Law Day.
A copy of Schuyler County’s resolution “Recognizing and Commemorating May 1, 2023 as ‘Law Day’ in Schuyler County” is available below:
RECOGNIZING AND COMMEMORATING MAY 1, 2023 AS “LAW DAY” IN SCHUYLER COUNTY – COUNTY ATTORNEY’S DEPARTMENT by Steven Getman on Scribd
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.
 |
| County Attorney Steven Getman, County Clerk Theresa Philbin |
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.”
In another case, Getman noted, the offer required to seller to convey to the buyer all personal property located on the land.
Philbin and Getman offered several tips to property owners who receive unsolicited offers to buy their land:
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.
Hear from a distinguished panel of judges, prosecutors, print and broadcast journalists, media counsel, and other practicing attorneys during the Fair Trial/Free Press Conference.This free event is open to the public. Lunch will be provided and CLE credits are available to attorneys who register and attend.The conference combines a discussion of a hypothetical scenario with an overview of media law. Panelists will discuss the legal, political, and ethical issues that arise after a reporter is arrested while covering a police-involved shooting.
Lester Pollack Colloquium Room, 9th FloorThe event will be live-streamed as well. For more information, including how to register, click here.
Furman Hall
NYU School of Law
245 Sullivan Street
New York, NY 10012
Three national pharmacy chains—CVS, Walgreens, and Walmart--will pay Schuyler County up to $362,000 to settle claims the companies contributed to the ongoing opioid crisis in that county, under a settlement agreement to be voted on by the Schuyler County Legislature at its April meeting.
On Monday
(March 27), the county’s Management and Finance Committee, chaired by Watkins
Glen legislator Phillip Barnes, voted to recommend the settlement and
authorized Schuyler County Attorney Steven Getman to execute the necessary
legal documents upon approval by the Schuyler County Legislature. The legislature will consider the measure on
Monday (April 10).
The county is
estimated to receive $125,031 from CVS, $158,486 from Walgreens and $79,038 from
Walmart, Getman said.
According to
Getman, the three companies all agreed to the settlement with the county as a
part of a nationwide agreement to resolve all opioid litigation brought by
states and local political subdivisions, including 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 chains to pay the county
over the next fifteen years, with payments expected to begin in late 2023.
Getman said
that the settlement funds can be used for a variety of purposes.
“Potential uses
include treating opioid addiction, law enforcement expenditures, funding social
services and similar anti-drug efforts,” Getman explained.
The proposed
settlement also orders the companies to implement changes to prevent
fraudulent prescriptions, Getman noted. Those changes include the companies addressing
their compliance structures, pharmacist judgment, diversion prevention,
suspicious order monitoring, and reporting on blocked and potentially
problematic prescribers.
If approved,
the agreement would be one of several opioid settlements Schuyler County has
been a part of over the past five years.
In 2021, the county legislature authorized Getman to accept up to $121,000 from Johnson & Johnson and
up to $546,000 from distributors McKesson Corporation, Cardinal Health Inc. and
Amerisource Bergen Drug Corporation to treat, reduce and prevent opioid abuse. A similar agreement, for $41,000, was
obtained from defendant Actavis, Inc. in early 2022. In January, the county legislature authorized Getman to
accept up to $116,000 from Teva Pharmaceutical Industries Ltd.
If these latest agreements
are approved, the county will be in line to receive nearly $1.2 million total to
date for opioid prevention and remediation.
“One cannot put a price on lives lost and
families torn apart,” Getman said, “but with nearly $1.2 million expected to be
delivered to Schuyler County, we can provide our community with financial
assistance to continue this battle and hold these companies responsible for
their role in the opioid epidemic.”
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
long-term opioid 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 2021, Attorney General Letitia
James championed legislation to create an opioid settlement fund and in 2022
she announced a tentative deal with CVS, Walgreens and Walmart that she says will
deliver over $13 Billion for communities nationwide to combat the opioid
crisis.
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.
The three companies involved in the latest proposed
agreement have each issued their own statements denying liability and
supporting settlement.
“Equal Justice in the New York State Courts: 2022 Year in Review,” highlights the court system’s statewide efforts over the past year "to promote diversity and inclusiveness on the bench and in the courts’ workforce and foster a safe, welcoming and bias-free environment."
▪ Mandating comprehensive racial bias training for all judges and nonjudicial staff.
▪ Expanding the resources of the court system’s Office of Diversity and Inclusion (ODI).
▪ Revising human resources and interview practices.
▪ Creating Equal Justice Committees in each of the court system’s 13 judicial districts to implement reforms at the local level.
▪ Developing a bench card for judges, with tips on using LGBTQ+-inclusive language and pronouns.
▪ Expanding Virtual Court Access Network (VCAN) sites to help bridge the digital divide by providing remote access to courts in locations such as libraries, houses of worship and community centers.
▪ Appointing a Statewide Equal Justice Coordinator.
The full report is available online here.
Among its latest activities:
• The Commission also rendered 25 public decisions, the most in a single year since 2009.The Commission is the disciplinary agency constitutionally designated to review complaints of judicial misconduct in New York State. The Commission's objective is to enforce the obligation of judges to observe high standards of conduct while safeguarding their right to decide cases independently.
• Thirteen judges were publicly disciplined: three judges were removed from office, seven were censured and three were admonished.
• Twelve judges resigned and publicly agreed never to return to judicial office.
• Six other judges resigned while complaints were pending, where it had not been determined permanent departure from office was warranted or appropriate.
• Twenty-seven judges were issued confidential cautionary letters.
• One hundred and eighty-seven matters were pending at year’s end.
The Report is available at here. An accompanying press release is available here.
Gideon v. Wainwright is a landmark case in which the U.S. Supreme Court ruled on March 18, 1963, that the 6th Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own.Clarence E. Gideon was charged with felony breaking and entering in a Florida state court. He requested an attorney, but the judge denied him because it was not a capital case. With only an 8th grade education, he represented himself and was convicted after a trial. He appealed all the way to the U.S. Supreme Court who ruled the 6th Amendment requires the state to provide an attorney because he could not afford one. Upon retrial Mr. Gideon was acquitted by the jury after only an hour of deliberation.
Please stop by to enjoy some treats, talk with our staff, and learn more about the important role public defenders and defense attorneys have in our criminal justice system and the service they provide to our community as a whole.
The program will include an introduction to the Law Day theme “Cornerstones of Democracy: Civics, Civility, and Collaboration” and new Law Day resources and activities.
Click here to register for the launch program, and visit here for more Law Day information and resources.
Law Day is held on May 1st every year to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession. Learn more about the history of Law Day and past themes here.
The message is polite and to the point: Please pay your back property taxes before February 28.
That’s the date after which, if taxes are not paid, a Schuyler County Court Judge may enter a judgment ordering the property seized and sold at public auction.
In an attempt to prevent that, Sokolowski and Getman are sending the letters, with handwritten notes on the envelopes, to approximately eighty property owners who still haven’t paid their back taxes.
“The letter reminds them of the deadline and provides options to avoid the foreclosure,” Sokolowski said. “Eligible property owners can pay the full amount due or arrange for an installment agreement.”
“It's the job of the county to collect taxes, but the main focus here is keeping people on their property and in their homes," Sokolowski said.
The letters also mention some of the services county tax dollars support, including law enforcement, public health, roads and bridges and social services.
The letters are based on research that found people are more likely to respond to personal letters and handwritten notes than to form documents, Getman said.
“A form letter may look like junk mail and get tossed,” Getman explained. “Handwriting shows the letter deserves more attention and sends a message that this is important.”
The letters are only the latest step in the county’s efforts to collect overdue taxes while keeping people in their homes.
According to Sokolowski, each November, the county mails out Foreclosure Notices and Petitions to properties with back tax liens from the prior year. Those notices go out by both regular and certified mail to property owners, mortgage holders and others with identified interests in the delinquent properties.
“The county also publishes a list of the delinquent taxes in two local newspapers and, in certain cases, posts warnings on the properties that they could be sold for back taxes,” she noted.
Only after each of those steps occurs, Getman explained, does the court enter a judgment foreclosing on the property.
After the court issues the foreclosure, the properties, if unredeemed, are sold at a public auction.
“The law requires the county to take every step to enforce the property tax laws and ensure that everyone pays their fair share,” Getman said.
"This is really just another way to do that, above and beyond what the law requires, while making sure we're keeping people in their homes and businesses."
As County Treasurer, Sokolowski is the chief fiscal officer of county government and enforcement officer for unpaid property tax liens.
As County Attorney, Getman is the chief legal advisor for county government and responsible for the prosecution and defense of civil actions brought by and against the county, including tax matters.
State Senator Tom O’Mara (R,C-Big Flats), Assemblyman Phil Palmesano (R,C-Corning), and Assemblyman Chris Friend (R,C-Big Flats) on (January 12) joined regional law enforcement representatives and other local leaders to call on Governor Kathy Hochul and the Democrat leaders of the State Legislature to approve legislation and crack down on the proliferation of businesses, commonly known as “sticker stores,” illegally dispensing and selling marijuana throughout the Southern Tier and Finger Lakes regions, and statewide.
O’Mara, Palmesano, and Friend currently sponsor legislation (S9365/A9815, Note: This legislation is being reintroduced and will receive new bill numbers for the 2023 legislative session) that, if enacted, would strengthen existing law, outlaw sticker stores, and establish criminal and civil penalties for violators. Any civil penalties collected by the state would be remitted to the county of the violating establishment.They called on Hochul and the Democrat leaders of the Senate and Assembly to immediately enact the legislation.
In a joint statement, O’Mara, Palmesano, and Friend said, “New York State needs to stop the proliferation of illegal marijuana ‘sticker stores’ throughout the region we represent and statewide. These illegal operations diminish the quality of life and risk the safety of the communities and neighborhoods where they operate. New York State is establishing a legal and appropriately regulated network of adult-use recreational marijuana dispensaries, with all the necessary safeguards. While we opposed the legalization of marijuana from the outset, if it’s going to go forward, it needs to take place under a legally established system with the appropriate oversight. We need to make it clear that these illegal sticker stores cannot operate and that there are criminal and civil consequences for any owners who continue to do so.”
Calling on Hochul to step up state efforts to shut down the illegal operations, including the enactment of the legislation they sponsor, the area state legislators were joined in Watkins Glen today by the following regional law enforcement representatives and local leaders: Schuyler County Sheriff Kevin Rumsey; Schuyler County Administrator Fonda Chronis; Schuyler County District Attorney Joe Fazzary; Schuyler County Attorney Steven Getman; Schuyler County Legislator Phil Barnes; Chemung County Sheriff William Schrom; Chemung County Executive Assistant District Attorney Wayne Witherwax; Chemung County Legislator Bill McCarthy; Steuben County Sheriff James Allard; Steuben County Legislator Hilda Lando; Tioga County Sheriff Gary Howard; Tioga County District Attorney Kirk Martin; Penn Yan Police Chief Thomas Dunham; and Yates County District Attorney Todd Casella.
