Second Amendment Legal Update, December 2024

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 Officials Warns Seniors About Gift Card Scams During the Holidays

In an effort to inform and protect senior citizens and other consumers during the holidays, Schuyler County officials Tuesday (November 19) warned the public to be wary of gift card scams.

“As we enter the holiday season, we want to educate the public on potential scams, including those involving gift cards,” said Office for the Aging Director Tammy Waite.

According to Waite, gift card scams are a common type of fraud that targets older adults. Scammers may call, email, or text, claiming to be from a government agency, financial institution, or well-known company. They may tell the victim that they have won a prize, that their account has been compromised, or that they need to pay a fee to avoid a penalty. The scammer will then ask the target to purchase a gift card and provide the gift card number and PIN number to the scammer.

“Only scammers will tell you to buy a gift card, like a Walmart Card or Amazon Card and give them the numbers off the back of the card,” stated Schuyler County Sheriff Kevin Rumsey. “No matter what they say, that’s a scam. No legitimate business or government agency will ever tell you to buy a gift card to pay them.”

“Gift card scams are a growing threat, and we urge consumers to be cautious when purchasing and using gift cards,” Rumsey continued. “If you suspect a scam, do not hesitate to report it."

In addition, Schuyler County Attorney Steven Getman urged victims report any scam directly to the gift card company immediately.

“No matter how long ago the scam happened, report it,” Getman said. “Always keep a copy of your gift card and store receipt. Use them to report suspected fraud to the issuer. Some companies are helping stop gift card scams and may give your money back if you ask.”

Said District Attorney Joe Fazzary, “the sad reality is that thieves pray upon our senior citizen community. They do this in a multitude of ways, many of which include demanding money from the victim for something that may appear legitimate. It may also come in the form of a threat that something bad will happen if they don’t follow the scammer’s instruction. The scammer may use an email address that seems similar to one the victim knows thereby suggesting that the request for money is coming from a friend or colleague, legitimate business, or government official. Frequently, the demand or request will be for gift cards from a legitimate business, requiring the victim to purchase the card and then provide the card number to requestor. This will most likely always be a scam. Billions of dollars are stolen from senior citizens by this method every year. If anyone has a question about whether a request for gift cards or any other type of monetary payment is a scam, they should immediately contact law enforcement or the District Attorney’s Office.”

Schuyler County officials offered the following tips on how to recognize and avoid gift card scams during the holiday season:

• Gift card scams start with a call, text, email, or social media message. Scammers will say almost anything to get you to buy gift cards — like Google Play, Apple, or Amazon cards — and hand over the card number and PIN codes.

• Scammers will say it’s urgent. They will say to pay them right away or something terrible will happen. They don’t want you to have time to think about what they’re saying or talk to someone you trust.
• Scammers will tell you which gift card to buy (and where). They might say to put money on an eBay, Google Play, Target, or Apple gift card. They might send you to a specific store — such as Walmart CVS, or other chain stores. Sometimes they’ll tell you to buy cards at several stores, so cashiers won’t get suspicious. The scammer also might stay on the phone with you while you go to the store and load money onto the card. Hang up immediately.
• Scammers will ask you for the gift card number and PIN. The card number and PIN on the back of the card let the scammer get the money you loaded onto the card — even if you still have the card itself. Don’t give them those numbers or send them a photo of the card.

Schuyler County urges those who believe they are victims of a scam to contact the Schuyler County Sheriff’s Office at 607-535-8222 or in an emergency dial 911. Outside of Schuyler County, complaints can be filed with any local law enforcement agency or to the New York State Consumer Frauds Bureau by calling 1-800-771-7755.

New Hope Card Program to Enhance Safety of Domestic Violence Survivors

Schuyler County Attorney Steven Getman wants Domestic Violence Survivors to know about the implementation this month of the Hope Card program, a new initiative of the New York Courts that will further enhance the safety of domestic violence survivors, family court litigants and of crime victims generally.

“A Hope Card is a portable version and/or summary of an order of protection,” Getman said. “Parties with final orders of protection may request and receive, free of cost, a physical Hope Card, a digital Hope Card, or both, which they can carry in their wallet, pocket, or on their cell phone.”

“An order of protection is issued by a court to limit the behavior of someone who harms or threatens to harm another person,” he continued. “It is used to address various types of safety issues, including, but not limited to situations involving domestic violence, child abuse and neglect and crime victim safety. Family courts, criminal courts and supreme courts can all issue orders of protection where legally authorized.”

According to Getman, the physical Hope Card is a durable, wallet-sized card with a summary of the information on the order and a link to a digital image of the order. A digital Hope Card is a digital image of the order. Physical Hope Cards are sent to the protected party by mail, while digital Hope Cards are sent by email or text message, with a secure link to the digital image.

“Protected parties can readily provide vital information regarding orders of protection quickly and effectively to law enforcement in an emergency,” Getman said. “The cards will also enable protected parties to share the details of an order with their school, workplace, family or friends.”

Implementation of the Hope Card program follows passage last year in New York State of the Hope Card Act, designed to empower domestic violence survivors to enforce their orders of protection, Getman noted.

A Hope Card request can be made online or by filing a Hope Card Request form with the court clerk’s office at any Criminal, Family, or Supreme court. Hope Card Request forms are available online or at a criminal, family, or supreme courthouse.

Copies of the request form will also be available online at the Schuyler County Attorney’s Office webpage.

The Schuyler County Attorney is the legal advisor for county government. The Schuyler County Attorney's Office also serves as “presentment agency,” prosecuting cases of juveniles accused of crimes or delinquent behavior in Family Court as well as the attorney for the Department of Social Services when investigating and prosecuting Family Court cases of child abuse and neglect.

For more information about Hope Cards and who can request them, click here.WENY News

Fair Trial/Free Press Conference: Artificial Intelligence, Social Media, and the Rule of Law

From the Government Law Center, Albany Law School:

Hear a distinguished panel of experts from the media, courts, and the legal profession discuss the legal, political, and ethical issues that arise after an AI-generated video of an altercation between public officials goes viral on social media. An interactive discussion between the panelists and audience will follow the panel discussion.

Panelists include:

• Hon. Elizabeth A. Garry, Presiding Justice, NYS Supreme Court Appellate Division, Third Judicial Department
• Hon. Emmanuel C. Nneji, Ulster County District Attorney
• William T. Easton, Esq., Partner, Easton Thompson Kasperek Shiffrin
• Prof. J. Stephen Clark, Professor of Law, Albany Law School
• Ojasvinee Singh, Esq., Media Attorney, Penguin Random House

The event will be held November 20, 2024, 2 P.M. – 4 P.M. Dean Alexander Moot Court Room (Room 421) Albany Law School 80 New Scotland Avenue Albany, NY 12208

This free event is open to the public, will be livestreamed, and includes a reception. Registration is required.

For more information, and to register, click here.

Schuyler County Real Property Tax Law Foreclosure. Notice of Petition and Petition, Index No. e2023-0180

FILED: SCHUYLER COUNTY CLERK 11/04/2024 09:00 AM, INDEX NO. e2023-0180, NYSCEF DOC. NO. 10, RECEIVED NYSCEF: 11/04/2023:

NOTICE OF FORECLOSURE: Please take notice that on the date and time set forth above (See, “Filed: Schuyler County Clerk,” above), 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-G, inclusive, 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 Friday, May 30, 2025.

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.