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.

Remote Meetings Authorization Extended by NY Governor

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

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

COVID testing site opens in Watkins Glen

New York State will open a COVID-19 test site beginning tomorrow (December 29) at 10:00 am in Watkins Glen State Park. The site will operate Monday – Saturday from 10am to 6pm. An advertising flyer is below for your reference.

HERO Act: COVID-19 safety measures for private sector employers.

Earlier this year, the HERO Act passed in New York State. This law requires all private sector employers to adopt safety standards and workplace procedures that protect workers from COVID-19 or other airborne infectious diseases.

In furtherance of the law, the New York State Department of Labor and Department of Health have developed a new Airborne Infectious Disease Exposure Prevention Standard, a Model Airborne Infectious Disease Exposure Prevention Plan, and various industry-specific model plans for the prevention of airborne infectious disease.

These plans must go into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health.

Employers can choose to adopt the applicable policy template/plan provided by NYS DOL or establish an alternative plan that meets or exceeds the standard’s minimum requirements.

Currently, while private employers must adopt plans as required by the law, as of the date of this writing no designation has been made and plans are not required to be in effect.

Public sector employers are currently exempt from the new state law.

For more information, click here.

New COVID-19 Online Resource for Tenants and Attorneys in New York

TenantHelpNY.org is a new website with self-help resources on evictions and COVID-19 in New York State.

Tenants can access Know Your Rights content and information on available legal aid, including:

• Plain language guides for tenants and the general public, developed in collaboration with grantees under the OAG initiative;
• A legal help directory to assist tenants in connecting with volunteer attorney programs in their region, and
• A list of Frequently Asked Questions about available COVID-19 housing protections

The website also includes an Advocate Gateway with specialized resources for attorneys and other advocates assisting tenants during this time.

For a full announcement of the website launch, and other information, click here.

FEMA to Help Pay Funeral Costs for COVID-19-related Deaths

In April, FEMA will begin providing financial assistance for funeral expenses incurred after Jan. 20, 2020 for deaths related to coronavirus (COVID-19).

To be eligible for COVID-19 funeral assistance:

• The applicant must be a U.S. citizen, non-citizen national, or qualified alien who incurred funeral expenses after Jan. 20, 2020 for a death attributed to COVID-19.
• If multiple individuals contributed toward funeral expenses, they should apply under a single application as applicant and co-applicant. FEMA will also consider documentation from other individuals not listed as the applicant and co-applicant who may have incurred funeral expenses as part of the registration for the deceased individual.
• An applicant may apply for multiple deceased individuals.
• The COVID-19-related death must have occurred in the United States, including the U.S. territories and the District of Columbia.
• This assistance is limited to a maximum financial amount of $9,000 per funeral and a maximum of $35,500 per application.
• Funeral assistance is intended to assist with expenses for funeral services and interment or cremation.

For more information, click here.

Town of Ovid approves Public Health Emergency Continuation of Operations Protocol

This Pandemic Plan has been developed in accordance with the amended New York State Labor Law section 27-c and New York State Education Law paragraphs k and l of subdivision 2 of section 2801-a (as amended by section 1 of part B of chapter 56 of the laws of 2016), as applicable.

The plan was developed based on best practices and guidance available largely as a result of the COVID19 Pandemic. The plan is intended to provide ongoing guidance for the current pandemic as well as future guidance for any other infectious disease outbreaks requiring a state and/or county emergency declaration.

No content of this plan is intended to impede, infringe, diminish, or impair the rights of us or town valued employees under any law, rule, regulation, or collectively negotiated agreement, or the rights and benefits which accrue to employees through collective bargaining agreements, or otherwise diminish the integrity of the existing collective bargaining relationship. The Town currently has no collective bargaining agreements.

This plan has been approved in accordance with requirements applicable to the agency, jurisdiction, authority, or district, as represented by the signature of the authorized individual below. The undersigned attests that this plan has been approved and represents the most current version. All previous versions are obsolete.

As the authorized official of the Town of Ovid...this Pandemic Plan has been developed, approved, and placed in full effect in accordance with S8617B/A10832 which amends New York State Labor Law section 27-c and New York State Education Law paragraphs k and l of subdivision 2 of section 2801-a (as amended by section 1 of part B of chapter 56 of the laws of 2016), as applicable, to address public health emergency planning requirements.

BY RESOLUTION OF THE TOWN BOARD, TOWN OF OVID, COUNTY OF SENECA, STATE OF NEW YORK, ON THE 10th DAY OF March, 2021.

Town of Ovid, New York CONTINUATION OF OPERATIONS PROTOCOL by Steven Getman on Scribd

Schuyler County “Bridging Community Connections” Event

Schuyler County officials, in conjunction with other state and local agencies, will be hosting a virtual panel discussion on “Bridging Community Connections,” and community resources available to youth and families living in Schuyler County.

The online event is Thursday, February 25, 2021 at 10:00 am. The keynote presentation will be by Jutta Dotterweich, and will focus on COVID-19’s impact on the emotional well-being of adolescents. The event will also be recorded for later viewing.

The registration deadline is February 19. The first 100 registrants will receive a “Bridging Communities” gift bag.

Interested community members can register for event by clicking here.

The event is sponsored by partnerships with the Schuyler County Youth Bureau, Cornell Cooperative Extension, Workforce New York, Council on Alcoholism and Addiction in the Finger Lakes, Glove House, Inc. and Catholic Charities of Chemung and Schuyler Counties.

Department of Labor approves COVID-19 leave if virus cancels children’s summer camp plans

Covered workers can take federal coronavirus leave to care for their children if COVID-19 disrupted a demonstrable plan to send them to summer camp, even if they were not enrolled when the virus hit, according to new guidance issued by the Department of Labor.

The Families First Coronavirus Response Act (FFCRA) enables employers to provide their workers with paid leave, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus.

Department of Labor approves COVID-19 leave if virus cancels children’s summer camp plans by Steven Getman on Scribd

Schuyler County courts expand in-person matters

As a result of the progression to Phase III, on Wednesday, June 17, courts in the Sixth Judicial District, which includes Schuyler County, began hearing an expanded number of in‐person matters in the courthouses, including:

• child support proceedings;
• selected plea and sentencing proceedings for defendants at liberty;
• preliminary hearings in criminal cases for defendants being held in jail on felony complaints;
• arraignments of defendants who have been issued desk appearance tickets; and
• a limited number of bench trials, in civil matters.

Schuyler County to return to in-person meetings.

The Schuyler County Legislature voted Thursday (June 11) to return to in-person meetings.

In order to maintain social distancing, the legislature voted to hold the meetings in the Human Services Complex in Montour Falls, rather than the County Legislative chambers at the Courthouse Complex.

Look for updated schedules and notices pursuant to Open Meetings Law shortly.

New York Statutes of Limitations to remain tolled under Governor Executive Order

All New York Statutes of Limitations remain tolled due to COVID until July 6 under the latest executive order:

The order tolls “any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state, including but not limited to the criminal procedure law, the Family Court act, the civil practice law and rules, the Court of Claims act, the Surrogate’s Court procedure act, and the uniform court acts, or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof.”

New York State Court of Appeals to move to virtual arguments in June

The New York State Court of Appeals, the state's highest court, is following the Appellate Division into virtual arguments in June due to COVID-19.

Currently, the Court is only considering submitted (on papers) appeals during its April and May session, not in-person arguments, according to published reports.

Interim Guidance on Requiring Face Coverings for Employees Interacting with the Public During the COVID-19 Outbreak

New York State Executive Order 202.16, issued on April 12, 2020, provides the following directive:

For all essential businesses or entities, any employees who are present in the workplace shall be provided and shall wear face coverings when in direct contact with customers or members of the public. Businesses must provide, at their expense, such face coverings for their employees. This provision may be enforced by local governments or local law enforcement as if it were an order pursuant to section 12 or 12 -b of the Public Health Law. This requirement shall be effective Wednesday April 15 at 8 pm. 

Under this order, essential businesses, as well as state and local government agencies and authorities, must procure, fashion, or otherwise obtain face coverings and provide such coverings to employees who directly interact with the public during the course of their work at no-cost to the employee.

For additional information, employers can visit the New York State Coronavirus (COVID-19) Website or  the United States Centers for Disease Control and Prevention Coronavirus (COVID-19) Website.

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Schuyler County officials warn: Beware phony home repair grant scams from COVID-19 stimulus program.

The Schuyler County Office for the Aging and the Schuyler County Attorney’s Office are warning local seniors to look out for potential scams of homeowners arising from the COVID-19 stimulus program, including a new phony home repair grant offer.

“Earlier this week our office was notified by New York Office for the Aging that other counties have been getting calls from older adults who had received a postcard mailing addressed to ‘resident’ from the National Residential Improvement Association (NRIA) offering to help them get a grant to repair their home,” Schuyler County OFA Director Tamre Waite said.  

“The postcard looks official, but according to New York State, it is not a government program, and the NRIA currently does not have a valid business license. This is a scam.”

According to Schuyler County Attorney Steven Getman, while there are not yet reports of postcards being sent to Schuyler County residents, the county intends to be proactive, given state and national reports of scams following the COVID-19 coronavirus pandemic.

 

“Government grant scams are on the rise,” Getman said.  “With the recently passed federal stimulus bill, scammers are taking advantage of homeowners of all ages by making bogus offers to secure generous grants for home repairs.”

Waite and Getman are warning residents to look out for:

·       Unsolicited phone calls or emails from someone claiming to be an official from the Federal Grants Administration (which does not exist), or a nonprofit organization like the National Residential Improvement Association offering grants or funding for repairs.

·       Social media messages or posts from people excited to share the thousands of dollars they claim to have received from an organization that secures grants for homeowners.

·       Callers who ask you to pay a fee in order to receive a grant. Federal grants never charge for grant applications.

·       Magazine or newspaper ads that offer “free grants.”

·       Calls or emails that claim you’re eligible for a personal grant that does not restrict how you spend the money.

“The important thing with any scam is to protect yourself,” Waite said.  

“There are simple steps that residents can take to guard against scams,”  Getman noted, offering the following:    

·       Do not answer your telephone if you do not recognize the caller or number.

·       Never share personal information over the telephone, like your Medicare number, Social Security number or banking information.

·       Never pay a fee to a company that says it will help you get a grant.

·       Block or unfriend anyone who offers unsolicited grant information on social media. Even if you are “friends” with that person – they may have been hacked.

·       Only use local contractors with validated references to do work in your home.

According to Waite and Getman, if you have been a victim of a scam, you can contact your local law enforcement agency or any of the following:

·       The New York State Attorney General’s Office: 800-771-7755

·       The National Center for Disaster Fraud Hotline: 866-720-5721

·       The AARP Fraud Watch Network: 877-908-3360

The Schuyler County Office for the Aging was established as a result of the Older Americans Act of 1965 with the core function being provision of information, referrals and services for county residents age 60 and over, as well as their caregivers.

The Schuyler County Attorney is the legal advisor for county government, including the Office for Aging, Department of Social Services Adult Protective Unit and other county agencies serving the senior population.

COVID-19 (Novel Coronavirus) Positive Test Update from Schuyler County Public Health

Schuyler County Public Health is notifying the community that a Schuyler County resident has tested positive for COVID-19, the novel coronavirus. The individual is currently being isolated and monitored by Schuyler County Public Health. Public Health staff are currently identifying close contacts of the confirmed case and any exposure risks. Individuals with exposure risk are currently being quarantined and monitored for symptoms.

“We have prepared for COVID-19 to arrive in Schuyler County” said Deborah Minor, Public Health Director.“We ask that people please stay home as much as possible and limit contact with others. We need to slow down how quickly the virus spreads in the community. This will help make sure our hospitals don’t get overwhelmed by too many sick people at once.”

COVID-19 symptoms include fever, cough, and shortness of breath. If you develop these symptoms, immediately call your healthcare provider for instructions.

Schuyler County Public Health recommends community members take the following actions to protect themselves, their family, and the overall community from COVID-19:

• Stay home and practice social distancing, only leave your home for absolute necessities. Consider getting items like prescriptions mailed to your home.

• Wash your hands often with soap and water for at least 20 seconds. If soap and water are not available, use an alcohol-based hand sanitizer.  

• Avoid touching your eyes, nose, and mouth with unwashed hands.

• Clean and disinfect frequently touched surfaces such as faucet handles and doorknobs.

• Avoid close contact with people who are sick.

• Cover your cough or sneeze with a tissue, then throw the tissue in the trash. If you don’t have a tissue available, cough or sneeze into your elbow.

• Stay home when you are sick, except to get medical care.

• Do not return to work or school until you have been fever-free for 24 hours.

• Monitor and treat any mild symptoms at home with over-the-counter medicine as appropriate. If you have a fever, cough, or shortness of breath, call your health care provider for instructions.

For current and accurate information, visit the CDC website at https://www.cdc.gov/ or the New York State Health Department (NYSDOH) website at https://www.health.ny.gov/. Members of the public can also call the NYSDOH 24/7 hotline if they have general questions about COVID-19. The hotline number is 1-888-364-3065.

For more information, visit Schuyler County Public Health online at www.schuylercounty.us/publichealth or follow Schuyler County Public Health on Facebook, Twitter, and Instagram.