Monday, July 24, 2023

New York’s migrant lawsuit against Schuyler County dismissed.

New York City/Watkins Glen (July 19)--A state Supreme Court Justice has thrown out New York City’s lawsuit against Schuyler County over the county’s May state of emergency related the possible relocation of migrant asylum seekers within the state.

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.

Monday, July 10, 2023

Schuyler County Tax Foreclosure. Index No. 21-21. Notice of Entry, Judgment of Foreclosure


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: (Restictions and deadlines apply. Please contact the Treasurer for more details).

Monday, July 3, 2023

Second Amendment Legal Update: July 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.