Memorial Day: Honor the Fallen

The New York Courts During COVID-19 and Beyond

The Government Law Center at Albany Law School, as part of the 2023 Warren M. Anderson Legislative Series, will discuss the evolving practices and procedures in New York’s court system during COVID-19 and beyond.

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.

Schuyler County issues state of emergency over relocation of illegal immigrants.

Watkins Glen, NY (May 11, 2023)--With Title 42 expiring on Thursday (May 11), Schuyler County has become the latest county in New York to issue a state of emergency over the relocation of illegal immigrants within the state, County Legislature Chairman Carl Blowers and County Administrator Fonda Chronis announced Thursday.

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

Schuyler County Executive O... by Steven Getman

Second Amendment Legal Update: May 2023

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 Commemorates Monday May 1 as “Law Day”

Law Day is Monday (May 1) and the Schuyler County Legislature has recognized as the Law Day 2023 theme “Cornerstones of Democracy: Civics, Civility, and Collaboration.”

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

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

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

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

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

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.

 “That could include items such as expensive appliances, motor vehicles or even items of sentimental value,” Getman said.

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

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

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

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

 

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

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

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

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

Fair Trial/Free Press Conference: Local media, the law, and alleged police misconduct

Albany Law School, the New York University School of Law, and the New York Fair Trial/Free Press Conference are sponsoring 2023 Fair Trial/Free Press Conference, to be held on April 24, 2023, from 11:30 a.m. – 2:00 p.m.

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.

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.

This free event is open to the public. Lunch will be provided and CLE credits are available to attorneys who register and attend.

Interested persons can attend in person at the following location:

Lester Pollack Colloquium Room, 9th Floor
Furman Hall
NYU School of Law
245 Sullivan Street
New York, NY 10012

The event will be live-streamed as well. For more information, including how to register, click here.

Schuyler County in line to receive $362,000 opioid settlement

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.

 

Resolution No. 21 (Intro), ... by Steven Getman

Second Amendment Legal Update, April 2023

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.

New York Courts’ Equal Justice Initiative Issues Progress Report

The New York State Office of Court Administration has released a report updating the status of the court system’s Equal Justice Initiative.

“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."

Initiatives highlighted in the March 8 report include:

▪ 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.

NYS Judicial Conduct Commission releases annual report

The New York State Commission on Judicial Conduct has released its 2023 Annual Report, covering activities throughout the calendar year 2022.

Among its latest activities:

• The Commission also rendered 25 public decisions, the most in a single year since 2009.
• 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 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.

The Report is available at here. An accompanying press release is available here.

Schuyler County: Gideon's Day Celebration is March 17

The Schuyler County Public Defender's Office is holding an Open House on Friday, March 17th from 2pm to 4pm. It will be celebrating the 60th Anniversary of the Supreme Court Decision in Gideon v. Wainwright:

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.

Second Amendment Legal Update: March 2023

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.

Law Day 2023: “Cornerstones of Democracy: Civics, Civility and Collaboration”

On Monday, March 6, at 4:00-5:00 PM ET the American Bar Assocation will be hosting the 2023 Law Day Launch program.

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.

Schuyler officials taking extra steps to help property owners avoid tax foreclosure.

Over the next few weeks, some tax delinquent Schuyler County residents will be getting a personal letter from County Treasurer Holley Sokolowski and County Attorney Steven Getman.

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.

Second Amendment Legal Update: February 2023

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.

Local leaders call on Gov. Hochul to crack down on ‘sticker stores’

Finger Lakes Daily News

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.

Opioid distributor Teva to pay up to $116,000 in settlement with Schuyler County

A major drug distributor and its subsidiaries will pay Schuyler County up to $116,000 to settle claims it contributed to the ongoing opioid crisis in that county, under a resolution approved by the Schuyler County Legislature at a special meeting.

Meeting on Monday (January 23), the legislature voted unanimously to accept the settlement and authorized Schuyler County Attorney Steven Getman to execute the necessary legal documents.

According to the resolution, distributor Teva Pharmaceutical Industries Ltd. and its subsidiaries (Teva Pharmaceuticals USA, Inc., the Actavis Generic Entities, and Anda, Inc.), agreed to the settlement with the county in exchange for being released from a pending lawsuit filed by the county, as well as later claims brought by the New York State Attorney General’s office.

The agreement calls for Teva to pay the county over seventeen annual installments, with payments expected to begin later this year, Getman said.

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

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

The agreement also commits Teva to critical injunctive relief, Getman noted, including:

• A ban on high-dose opioids and prescription savings programs;
• Prohibitions on marketing opioids and funding third parties that promote opioids;
• Restrictions on political lobbying; and
• Disclosure of Teva opioid product clinical data.

The motion authorizing Getman to accept the settlement was made by County Legislator Phil Barnes (R, Watkins Glen) and seconded by Legislator Michael Lausell (D, Hector).

The Teva agreement is the latest opioid settlement Schuyler County has been a part of in 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 use through a court settlement with the opioid maker. A similar agreement, for $41,000, was obtained from defendant Actavis, Inc. in early 2022. Like the Teva agreement, payments to the county are scheduled to be made over time.

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

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

After the counties sued, in March 2019, the New York State Attorney General’s office brought its own lawsuit on behalf of the state. In November, 2022, Attorney General Letitia James announced a tentative deal with Teva that will deliver up to $523 million to New York state to combat the opioid epidemic.

In October 2017, the U.S. Department of Health and Human Services declared a public health emergency due to the consequences of the opioid crisis facing the nation. That year, more than 70,000 individuals nationally and nearly 4,000 New Yorkers lost their lives to a drug overdose.

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

Said Getman: “One cannot put a price on lives lost and families torn apart, but with the more than $824,000 expected to be delivered to Schuyler County from these lawsuits, we can provide the County with financial assistance to continue this battle and hold these companies responsible for their role in the opioid epidemic.”

County Administrator Fonda Chronis agreed: "County officials have expended significant resources to help its residents battle opioid addiction and prevent further deaths. By voting to go forward with this settlement, the County Legislature hopes to lessen the burden to taxpayers for expenses related to the opioid crisis."

Schuyler County’s latest salvo in the fight against opioid companies comes shortly after the New York State Department of Health released its Quarterly Opioid Report for January 2023, showing a 14% increase in 2021 overdose deaths involving opioids compared to 2020. That report, comparing state totals for 2021 to 2020 data, noted a 14% increase in overdose deaths involving opioids, with 4,766 deaths statewide in 2021. The report notes that fentanyl has contributed to an increase in opioid overdose deaths in recent years, is 50 to 100 times stronger than heroin, and is now involved in the majority of overdose deaths in New York State.

In November, Teva issued a statement describing the settlement as "enabling us to put these cases behind us and continue to focus on the patients we serve every day.”

New York enacts ‘right to repair’ bill for electronic devices

New York Daily News:

Finding ways to fix smartphones and other electronic devices will soon be a little easier for New Yorkers (under) a bill that will eventually require manufacturers to make diagnostic manuals, tools and other parts necessary for repairs available to the public and independent service shops.

The measure, considered the first so-called “right to repair” law in the country, will only apply to products made or sold after July 1, 2023.

The new law will cover digital electronic products, such as phones, tablets and IT equipment, and require companies provide access to the parts, tools and information needed to repair equipment.

Environmental advocates celebrated the legislative victory and said the new law will help reduce the threat from toxic chemicals found in many of the devices when they are prematurely discarded.

However, at least one “right to repair” advocate has declared that changes made to the bill by Gov. Kathy Hochul have rendered the law “functionally toothless”:

Right to Repair advocate Louis Rossmann has made a bitter YouTube video expressly saying that Governor Hochul's statement is "the exact opposite of what's going to happen with this bill because of how it was amended."

Central to Rossmann's argument is that the purpose of Right to Repair is to allow consumers to fix or replace individual components that have broken. As passed, he argues that the bill effectively allows companies free reign to declare a single component as unrepairable, and instead offer a costly assembly of several related parts.

"[The] manufacturer will tell you that when you have a bad $28 chip on your motherboard that what you need to do is replace the $745 Motherboard," he says.

For a complete copy of the new law, click here.

Martin Luther King, Jr. Day

Ronald Reagan:

"Each year on Martin Luther King Day, let us not only recall Dr. King, but rededicate ourselves to the Commandments he believed in and sought to live every day: Thou shall love thy God with all thy heart, and thou shall love thy neighbor as thyself. And I just have to believe that all of us -- if all of us, young and old, Republicans and Democrats, do all we can to live up to those Commandments, then we will see the day when Dr. King's dream comes true, and in his words, "All of God's children will be able to sing with new meaning. . . land where my fathers died, land of the pilgrim's pride, from every mountainside, let freedom ring."

(President Reagan, Coretta Scott King, Bob Dole and others at the signing ceremony for HR 3706 making the birthday of Martin Luther King Jr. a national holiday. 11/2/1983)

Civil Rights and Individuals with Developmental Disabilities: 2023 Disability Law Series

The New York State Government Law Center and the Institute for Aging and Disability Law are hosting the 2023 Disability Law Series: Civil Rights and Individuals with Developmental Disabilities.

The five two-hour forums will explore:

• January 12, 1 p.m.: Overview of Civil Rights and People with Developmental Disabilities
• February 9, 1 p.m.: Consent in Health Care Decisions
• March 9, 1 p.m.: Consent of Adults in Adoption and Marriage Decisions
• March 30, 1 p.m.: Challenges in Guardianship for People with Developmental Disabilities and Strategies to Address Them
• April 13, 1 p.m.: Protecting the Civil Rights of People with Developmental Disabilities: Potential Statutory Reforms

Each forum is free, open to the public, and will take place via Zoom. CLE credits will be available for practicing attorneys. Pre-registration is required.

For more information, including registration, click here.

Second Amendment Legal Update, January 2023

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.