New York State Judicial Conduct Commission Releases Annual Report of Activity

In the 2026 Annual Report of its activities for 2025, released March 2, the New York State Commission on Judicial Conduct reported the following:

• 582 preliminary inquiries were conducted.
• 330 full-fledged investigations were conducted
• 28 judges resigned while under investigation
• 7 judges were publicly censured.
• 3 judges were publicly admonished.
• 31 judges were issued confidential cautionary letters.
• 190 matters were pending at year’s end.

The New York State Commission on Judicial Conduct is an independent state agency that reviews complaints of ethical misconduct against the 3,500 judges and justices of the State Unified Court System and, where appropriate, renders public disciplinary Determinations.

The 2026 annual report is available here.

Second Amendment Legal Update: October 2020

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.

New York’s Highest Court denies appeal in Schuyler sex abuse case.

The New York State Court of Appeals, the state’s highest court, has rejected a Schuyler County man’s latest attempt to appeal a finding that he had sexually abused his four-year-old daughter and neglected his three minor children.

On Thursday (April 30, 2020) the Court denied the man’s motion for leave to appeal an October 2019 decision of the New York State Supreme Court’s Appellate Division.  That prior decision, “Matter of Lawson O.,” unanimously affirmed a Schuyler County Family Court order made  by Judge Dennis Morris in 2017.

The Schuyler County Department of Social Services (DSS) had charged the man in Family Court with abuse and neglect  of his children following receipt of a child protective services hotline report in January 2016. According to testimony before the Family Court, the man’s daughter had been discovered acting out sexually and then disclosed to a family member that her father had been having oral sexual contact with her.

Following a hearing in 2017, Morris determined that the girl’s out-of-court statements regarding the alleged sexual abuse were sufficiently corroborated and that the father had abused his daughter, derivatively abused her two siblings and neglected all three of his children. Therefore, he entered an order of protection, directing the father have no contact with the children, other than supervised visitation and communications reviewed and approved in advance by DSS, and directing him to enter sex offender treatment.

The father, through attorney Dana Salazar, appealed to the Appellate Division, alleging that the Family Court’s finding of abuse was not adequately established by the evidence.

Schuyler County Attorney
Steven Getman

The DSS was represented on appeal by Schuyler County Attorney Steven Getman. Getman asked the appellate court to uphold the Family Court findings. Getman argued that that the girl had demonstrated an “age-inappropriate knowledge of sexual activity” through her behaviors prior to the disclosure, supporting her description of abuse. He also cited evidence of prior sexual abuse allegations against the father involving other family members, and the father’s admissions that he spent approximately eight months in jail stemming from an earlier sexual abuse charge related to a niece. Getman also pointed out the father had admitted on the stand to lying to law enforcement officials, thereby showing a propensity for dishonesty.

The Appellate Division agreed with DSS, finding “a sound and substantial basis exist[ed] in the record to support Family Court’s finding that respondent abused the daughter.” Therefore, it upheld the Family Court order in all respects.

The father, again through Salazar, thereafter moved for leave to appeal to the New York State Court of Appeals.      The DSS, through Getman, opposed the motion, arguing that the Appellate Division’s decision was consistent with longstanding precedent.

In Thursday’s decision of the Court of Appeals rejected the father’s motion without comment, holding simply “Motion for leave to appeal denied.”

According to Getman, this decision effectively ends the father’s ability to challenge the Family Court’s abuse and neglect findings.

Neither the Court of Appeals nor the Appellate Division decision names the father or the children, using pseudonyms to protect the children’s privacy.

The Schuyler County DSS is the lead civil investigative agency for cases of alleged child abuse and neglect. The Schuyler County Attorney is the prosecuting attorney for all county agencies involving civil cases, including Family Court matters involving abuse and neglect.

Both agencies were assisted in the investigation of the case by members of the Schuyler County Sheriff’s department.

Schuyler County supports centralized arraignment plan for local criminal courts

As part of its ongoing effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants, the Schuyler County legislature has endorsed a process for implementing a centralized arraignment program for after-hours arrests.

The vote took place Monday (February 10, 2020). All legislators in attendance supported the measure.

The plan is supported by a number of county officials involved in the legal system, including Sheriff William Yessman, District Attorney Joe Fazzary, Public Defender Wesley Roe and County Attorney Steven Getman. It was developed with input from town and village justices and the New York State Office of Court Administration.

Under the plan, anyone arrested within the county when courts are no longer in session, and not given an appearance ticket, will be arraigned in the lobby of the Schuyler County Sheriff’s Office in Watkins Glen, as opposed to a town’s jurisdiction. Town and village judges, prosecutors and public defenders will be placed on rotating on-call schedules for arrests made at night, on weekends or during holidays. There is state funding for implementing the plan, which will pay for the cost of installing a judge’s bench in the sheriff’s office lobby.

“Arresting officers must currently maintain custody of an arrestee until able to locate a local court and justice able to conduct the arraignment which is a process that often consumes officer time and can result in the arraignment occurring outside of the times when the Schuyler County Public Defender is able to appear as counsel for the defendant,” the resolution noted.

“Those charged with a crime are entitled to the assistance of legal counsel at all important stages of their case including at the initial criminal arraignment,” it continued.

A centralized arraignment part, known as a CAP, is not mandated by the state, but many rural counties have found it to be the most effective way of ensuring compliance with the requirements for counsel at arraignment.

The plan, which will be implemented later this year, is the county’s latest effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants.

Other efforts have included an intermunicipal agreement with Tompkins County for that county to assist in administering the Schuyler County assigned counsel plan to provide legal representation to indigent criminal defendants and certain family court litigants.

That agreement, prepared by Roe and Getman with input from Schuyler County Administrator Tim O’Hearn and representatives of Tompkins County, has been praised as “a model approach and is consistent with statewide efforts to help municipalities identify opportunities for cost savings through inter-municipal cooperation, reorganization, and regionalization,” by the New York State Office of Indigent Legal Services.

A copy of the resolution is available below:

Schuyler County supports ce... by Steven Getman on Scribd

Shooter’s Group Grades Schuyler Judicial Candidates. Republican Steven Getman Gets Top Grade with “A.”

Montour Falls, NY— The Schuyler County chapter of S.C.O.P.E. (the Shooters Committee On Political Education) has released ratings on the four candidates for Schuyler County Court Judge and Republican Steven Getman was the clear winner.

Getman, currently the Schuyler County Attorney, received a grade of “A,” based on responses to a written questionnaire and responses to questions presented to all four candidates at a recently held S.C.O.P.E. public forum at the Montour Falls Moose Club.

Steven Getman at a
recent "Friends of the NRA" dinner

Getman scored well ahead of his three rivals: Democrat Matt Hayden scored a “B Minus,” while third-party candidates Dan Fitzsimmons and Jessica Saks each came in with a “C minus” for their grades.

An attorney since 1992, Getman has practiced in each of the courts over which the County Court Judge presides: County Criminal, Civil, Family and Surrogate’s. He has also handled dozens of criminal and civil appeals in the New York State Supreme Court Appellate Division. As Schuyler County Attorney, Getman is the chief legal advisor to approximately 250 county employees, including the County Administrator and County Legislature. He and his staff have handled thousands of cases, prosecuted and defended civil actions, appeared in numerous courts, and drafted legislation. In addition, his office prosecutes family court cases involving child abuse and neglect, juvenile delinquency and child support violations. Beyond his service as an attorney, Getman has taught criminal justice and constitutional law as an Adjunct Instructor at Keuka College for the past eight years.

S.C.O.P.E. is a 501 (c) 4 statewide organization since 1965 dedicated to preserving the 2nd Amendment rights of the citizens of New York State through public education and promoting voter participation.

In addition, to the Republican Party, Getman has been cross-endorsed by the New York State Libertarian Party and will appear on that ballot line as well. The general election is scheduled for November 5.

New York's 'red flag law' drawing mixed reviews

WHEC TV:

Stepping in before it's too late. That's the goal of New York's red flag law.

With the law now in effect, gun control advocates like Sarah Dumrese say the law could prevent future mass shootings....But not everyone sees it the same way.

"Boom, your guns are gone," Ken Mathison said.

Mathison co-chairs the Monroe County chapter for the gun education group Shooters Committee on Political Education (SCOPE). He says the law is unconstitutional and that it lacks the right protections for legal gun owners.

Savona man jailed on family court’s child support warrant

A Savona man was remanded to jail on a Family Court warrant, tied to his failure to pay child support, on Wednesday (August 7, 2019).

According to County Attorney Steven Getman, the respondent was previously found in willful violation of an existing court order because he failed to pay $475.00 in back child support for his two children, together with an additional $344.00 in judgments.  According to court records, the respondent was scheduled to appear for sentencing on the violation July 16, but failed to do so, resulting in Family Court Judge Joseph Cassidy issuing a warrant for his arrest.

The respondent was later located in Steuben County, after the Schuyler County Attorney’s office determined he was on probation in that county for an unrelated criminal offense, Getman noted.    He was taken into custody in Steuben County and transferred to Schuyler County for further proceedings on the warrant.

The respondent was arraigned before Montour Falls Village Justice Donald Spaccio, who continued bail at $475.00 and remanded the respondent to jail pending the next Family Court date.

Schuyler County Attorney Steven Getman

Getman represented the petitioner at the court appearance.   The respondent was represented by Schuyler County Assistant Public Defender Valerie Gardner.

“Under New York State law, parents who willfully fail to obey court orders of child support can be sentenced to up to six months for contempt of court,” Getman said.  “Furthermore, support violators who do not appear in court as ordered, can be subject to a warrant of arrest.”

The county attorney’s office represents the Department of Social Services and Probation Department in prosecuting child support cases brought in the family court by those agencies.  In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.

The man’s name was not released to protect the privacy of his children and family.

Steven Getman Wins Republican Nomination For Schuyler County Court Judge

(Watkins Glen, NY) Schuyler County Attorney Steven Getman is the Republican nominee for County Court Judge following a contested vote tonight.

The Schuyler County Republican Committee met Thursday, June 27, and voted to nominate Getman over fellow Republicans Jess Saks and Dan Fitzsimmons and Democrat Matt Hayden. 

In endorsing Getman, Republican Committee Chair Van A. Harp stated, “During my time serving in the FBI, and on the County Legislature, I worked with countless attorneys from all over the place. Steve ranks among the best attorneys I’ve seen in action. As our current Schuyler County Attorney, he handles some of the most complex and important cases that come into our court system. He understands criminal court proceedings, family court proceedings, and surrogate court proceedings – all of which will be the responsibility of our next County Court Judge.”

“I am humbled and honored by the support of my fellow Schuyler County Republicans,” Getman said. “I plan to run a clean, positive, campaign, based on education, training and legal experience.”

In addition to Harp, Getman gained the written endorsements of past County Republican Chairs Phil Barnes and Lester Cady prior to the committee vote.

“It is my opinion that there is only candidate who is uniquely qualified to effectively serve in all of the roles required of a Schuyler County Court Judge: Steven Getman,” Barnes stated in a letter to the committee.

“Steve is smart, ethical and understands the U.S. Constitution,” Cady wrote. “He is the right person for this job.”

This is Getman’s second endorsement in this year’s judicial race. He obtained the backing of the New York State Libertarian Party earlier this month.

An attorney since 1992, Getman has practiced in each of the courts over which the County Court Judge presides: County Criminal, Civil, Family and Surrogate’s. He has also handled dozens of criminal and civil appeals in the New York State Supreme Court Appellate Division. As Schuyler County Attorney, Getman is the chief legal advisor to approximately 250 county employees, including the County Administrator and County Legislature. He and his staff have handled thousands of cases, prosecuted and defended civil actions, appeared in numerous courts, and drafted legislation. In addition, his office prosecutes family court cases involving child abuse and neglect, juvenile delinquency and child support violations.

Beyond his service as an attorney, Getman has taught criminal justice and constitutional law as an Adjunct Instructor at Keuka College for the past eight years. 

Getman, age 54, is a graduate of Hofstra University, Ithaca College and Cornell University. He is an endowment life member of the NRA and a member of Schuyler County SCOPE (Shooters Committee On Political Education), Millport Hunting and Fishing Club, Community Conservation Club, Schuyler County Arc Nominating Committee, Watkins Glen-Montour Falls Lions Club, Watkins Glen Area Chamber of Commerce, New York State Bar Association, Schuyler County Bar Association, Association of Prosecuting Attorneys, and New York State Defenders Association. He resides in Watkins Glen.

This year’s election will feature the seat for County Court Judge based on the May 30 retirement of Judge Dennis Morris. Due to the timing of Morris’s retirement, candidates are required by law to be nominated by the County Party Committees, rather than through a Primary Election. The Republican Committee consists of thirty local republicans from throughout the county, selected by voters.

The General Election is slated for Tuesday, November 5th.

New York enacts Domestic Violence Survivors Justice Act

New York State has passed legislation to expand the situations in which judges can consider domestic violence survivors’ abuse when determining appropriate sentences for victims.

The Domestic Violence Survivors Justice Act (DVSJA) will, according to one report, allow judges to impose an alternative sentence if he or she finds that:

1) the defendant, at the time of the offence, was a domestic violence victim subjected to substantial physical, sexual, or psychological abuse inflicted by a member of the same family or household;
2) the abuse was a significant contributing factor to the criminal behavior; and
3) a sentence under the general sentencing provisions would be ‘unduly harsh.’”

The provisions dealing with resentencing become effective August 12, 2019. For sentences imposed going forward, the law became effective immediately.

The complete text of the law can be found here.

Schuyler County gives tax-foreclosed property owners another chance

Schuyler County’s annual property tax auction is scheduled for Friday, June 28.   However, county officials are giving foreclosed property owners one last chance to avoid the loss of their land.

On Monday (May 13), 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. 

 

County Treasurer Holley Sokolowski and County Attorney Steven Getman

Offers can be accepted up to two weeks prior to the auction, or June 14, Sokolowski said.

“After the deadline, any remaining properties will be sold to the highest bidder at the county’s tax auction,” she explained.  

Prior to the deadline, the county provides written notice of the opportunity to the former owners, Getman noted.  

“The notice reminds them of the foreclosure and provides options 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 County Court Judge Dennis Morris on March 29, Getman said.

The May 13 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 noted.

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.”

Only after each of those steps occurs, Getman explained, does 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 successful bidder must pay the taxes due together with any other lawful charges and fees and is given a quitclaim deed to the property.”

The properties to be auctioned will be posted on the county's website as well as in a binder in the treasurer's office, Sokolowski said.

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.

The current chair of the Schuyler County Legislature is Dennis Fagan.   The resolution to allow the buy-back was introduced by the county’s “Management and Finance” committee, chaired by legislator Phil Barnes. The resolution passed unanimously among the members present.

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 (https://www.schuylercounty.us).

New York Court of Appeals rules Ohio gun seller not subject to injury lawsuit in New York

A gun dealer from Ohio who sold a firearm that was later trafficked into New York and used illegally in a shooting cannot be sued in state court by the victim of that crime, the New York State Court of Appeals ruled May 9.

The court held that Charles Brown, an Ohio gun dealer, couldn’t face the litigation in New York court because he sold the gun in Ohio and had no control over where it would end up after the sale, even if the buyer alluded that he may bring it to New York.

“Despite (the buyer’s) stated aspiration to open a gun shop in Buffalo, the record is devoid of evidence supporting plaintiffs’ theory that, merely by selling handguns to (the buyer) Brown intended to serve the New York market,” the court ruled.

Brown, in this case, was not part of a scheme to traffic guns into New York, the court held. The judges said there was no way for him to know what would happen to the firearms after they were sold so he did not purposefully enter into the New York market at the time.

The buyer later pleaded guilty to federal gun trafficking charges.

Brown's attorney said that "the case's main significance was that this was the lawful sale of a lawful product."

The complete decision can be found here.

New York expands Shock incarceration eligibility, effective May 12.

New York State lawmakers have expanded eligibility for the Shock incarceration program to include persons convicted of certain forms of second-degree burglary and second-degree robbery.

The Shock program provides selected inmates a special six-month program of shock incarceration, that stresses a highly structured routine of discipline, intensive regimentation, exercise and work therapy, combined with substance abuse treatment, education, pre-release counseling and life skills counseling.

A person becomes eligible for Shock when he or she is within 3 years of parole or conditional release, and eligibility is determined on a rolling basis (i.e., the initial sentence can be longer than 3 years).

The changes apply to judicial Shock orders (where the sentencing judge expressly directs that the defendant be enrolled in Shock) and discretionary Shock placement (where the Department of Corrections selects for participation). Judicial Shock orders are otherwise available only for drug and marijuana offenses.

These changes go into effect on May 12, 2019 and do not depend on the date of the offense.

For more information on New York State's shock incarceration program, click here.

Schuyler County Commemorates May 1 as “Law Day”: Law Day 2019 Will Focus on Free Speech, Free Press.

Watkins Glen, New York—The Schuyler County Legislature has recognized as the Law Day 2019 theme “Free Speech, Free Press, Free Society.”

The legislature passed a resolution at its April 8, 2019 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.

“The First Amendment to the United States Constitution protects the right to free speech and a free press, along with other rights that recognize the ability of persons to think and communicate how they wish without fear of punishment or oppression,” Getman wrote.

In passing the resolution, the legislature found that “promoting public understanding of the roots of our freedom are an important component in the civic education of the citizens of the United States, the State of New York and the County of Schuyler.”

The American Bar Association selects an annual theme for each Law Day. Law Day is an annual commemoration first held in 1957 when the American Bar Association envisioned a special national day to mark our nation’s commitment to the rule of law. The following year, President Dwight D. Eisenhower issued the first Law Day Proclamation. Law Day was made official in 1961 when Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day.

A copy of Schuyler County’s resolution “Recognizing and Commemorating May 1, 2019 as ‘Law Day’ in Schuyler County is available here.

Schuyler County Legislature: RECOGNIZING AND COMMEMORATING MAY 1, 2019 AS “LAW DAY” IN SCHUYLER COUNTY by Steven Getman on Scribd

$20 million federal fine against Rochester-area opioid distributor announced

One of the “big pharma” distributors of prescription opiates being sued by Schuyler County for fraudulent and negligent marketing and distribution of opiates will pay a $20 million fine under an settlement unveiled in federal court on Tuesday (April 23).

Rochester Drug Cooperative, Inc. (RDC), one of the nation's largest pharmaceutical distributors, was charged by federal prosecutors with conspiracy to distribute controlled narcotics — oxycodone and fentanyl — for non-medical reasons and conspiracy to defraud. Prosecutors allege that, from 2012 through March 2017, RDC knowingly and intentionally violated federal narcotics laws by distributing opioids to pharmacy customers that it knew were being sold and used illicitly.

According to court documents, the company has agreed to enter into a “consent decree,” under which it accepts responsibility for its conduct by making admissions and stipulating to an extensive "Statement of Facts," paying a $20 million penalty, reforming its controlled substances compliance program, and submitting to supervision by an independent monitor.

RDC is one of the big pharmaceutical companies being sued in state court by various New York municipalities, including Schuyler County. In May of last year, Schuyler County Attorney Steven Getman filed a nearly 250-page Summons and Complaint in New York State Supreme Court for damages to the county arising out of the fraudulent and negligent marketing and distribution of opiates in the county.

Getman said his office would be carefully reviewing the statement of facts for evidence that could be used to support the county’s lawsuit.

“Schuyler County’s complaint alleges increased opioid use has fueled an illegal secondary market for opioids and the criminals who support it,” Getman said. “It also alleges that the defendants flooded the county with suspiciously large amounts of opioids.”

“To date, county officials have expended significant resources to help its residents battle opioid addiction and prevent further deaths,” Getman said. “Schuyler County’s lawsuit is moving forward to seek reimbursement for expenses related to the opioid crisis as well as to provide the county with financial aid to fight addiction, overdoses, drug-related crimes and drug deaths.”

In 2017, the County Legislature voted to retain the firm of Napoli Shkolnik to work with Getman, as special counsel, to bring an action against the manufacturers and distributers of prescription opiates for damages to the county.

According to Schuyler County Administrator Tim O’Hearn, the lawsuit was filed at no risk to the County, as Napoli Shkolnik will work on contingency basis that will cover all costs associated with the lawsuit.

“By going forward with litigation, the County Legislature hopes to lessen the burden to taxpayers and hold manufacturers and distributors responsible for their role in the opioid epidemic,” O’Hearn said.

Schuyler County is one of several New York municipalities filing lawsuits against the manufacturers and distributors of opioid pain killers. At least 14 counties across New York are suing pharmaceutical companies for what they are claiming are deceptive marketing practices.

The consent decree is subject to final approval by the court. Any charges contained in complaints, indictments and other court documents are merely accusations, and any defendants are presumed innocent unless and until proven guilty in a court of law.

Odessa Mayor endorses Getman for Judge

Schuyler County Court Judge candidate Steven Getman has picked up another endorsement, this time from Odessa Village Mayor Gerry Messmer.

Messmer, who was returned by the voters as Mayor just last month, said "I've known Steve my whole life. I'm proud to call him my friend, and I hope to call him Judge Getman if he is elected as our new County Judge.”

“As our Schuyler County Attorney, Steve has shown a masterful knowledge of the law. I urge all residents of Odessa and throughout Schuyler County to join me in proudly supporting Steve in this year's election for Schuyler County Judge.”

Getman thanked Messmer for his endorsement, stating “Support from someone like Gerry, a public servant and honored veteran, is especially humbling. Prior to taking office, Gerry retired from the Army after 31 years of service so he knows how important it is to have effective and honest leadership from the top. I am extremely proud that a friend with his knowledge and abilities of organization and management, has endorsed my candidacy for Schuyler County Judge.”

Getman, a resident of Watkins Glen, has been the Schuyler County Attorney since 2015. Prior to that, he served as the assistant county attorney. He has practiced law since 1992, in areas including criminal law, family law, and municipal government. He is a graduate of Hofstra University, Ithaca College and Cornell University.

Beyond his service as an accomplished attorney, Getman has helped teach our next generation as an Adjunct Instructor at Keuka College for the past seven years. His courses have focused on criminal justice and constitutional law.

This year’s election is expected to feature this seat for County Court Judge based on the expected retirement of current Judge Dennis Morris. The General Election is slated for Tuesday, November 5.

Judgment of Foreclosure with Notice of Entry: Schuyler County Real Property Tax Foreclosure Index No. 17-201

PLEASE TAKE NOTICE that annexed hereto is a true and correct conformed copy of the Judgment of Foreclosure dated March 29, 2019 that was entered in the office of the Clerk of the County of Schuyler on March 29, 2019, 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.

Judgment of Foreclosure: In The Matter Of Foreclosure Of Tax Liens By Proceeding In Rem Pursuant To Article... by Steven Getman on Scribd

Schuyler County considers joining U.S. Supreme Court challenge to New York gun law

The Schuyler County legislature will vote at its Monday (April 8) meeting whether to join a constitutional challenge to a New York City law that could have broad implications for the state’s gun control measures.

The proposed resolution, which has passed both the county’s management and finance committee and its legislative resolution review committee, authorizes County Attorney Steven Getman to “render aid, where possible and practicable, to the various states listed as Amicus Curiae in the pending United States Supreme Court case of the New York Rifle and Pistol Association, Inc. et. al. v. City of New York, State of New York et. al.”

Those states have joined the New York Rifle and Pistol Association in arguing that New York City’s general prohibition on transporting even licensed, locked and unloaded handguns outside the city is unconstitutional, in that it violates the right to travel, interstate commerce, and the Second Amendment right to keep and bear arms.

They also argue that the Second Circuit Federal Court of Appeals, which covers New York, applied an incorrect standard in upholding the law. The appeals court, the plaintiffs argue, erred by failing to subject to the law to a “strict scrutiny” test.

“Strict scrutiny is the highest standard of review a court may use to evaluate the constitutionality of governmental action,” Getman explained. “It is often applied when a law infringes upon a fundamental right or involves a suspect classification.”

“Under that test, a law must further a compelling governmental interest, and must be narrowly tailored to achieve that interest.”

According to Getman, this is the first significant Second Amendment case the Supreme Court will hear since ruling in District of Columbia v. Heller (2008) that the Constitution protects an individual right to keep and bear arms, and further that this right applies against the states as well as the federal government, in McDonald v. Chicago (2010).

The New York State Rifle and Pistol Association challenged the city’s ban on taking a licensed handgun out of the licensee’s home except to a gun range within the city. The Second Circuit upheld the ban based on “intermediate scrutiny,” even though that standard requires that a restriction actually works to achieve a legitimate goal. Under the law, a city resident licensed to possess a handgun cannot transport their handgun to a weekend second home (even for self-defense), to another county to participate in a shooting competition, or even to a neighboring city for target practice. This, opponents argue, amounts to requiring a handgun owner to leave a firearm in a vacant house in the city while traveling, where it is more susceptible to burglary. They further argue that the city was unable to explain how a legal gun owner inflicts any risk on society when transporting a firearm outside the city, but not when transporting the identical firearm under identical conditions by identical means within the city itself.

How the Supreme Court rules could have broad implications for Schuyler County residents in terms of what sort of gun control measures the state might impose going forward, Getman noted. In recent years, Governor Andrew Cuomo has been a vocal advocate for increased firearm restrictions.

This is not the first time that the Schuyler County legislature has weighed in against Cuomo’s strict gun control laws. In 2013, the legislature passed several resolutions opposing the controversial SAFE act, arguing that the law violated the Second Amendment and created an unfunded mandate on the counties.

If the county joins the action, it would be at no cost to the county, the resolution notes.

Schuyler County is not the first county in New York to join the amicus filing. As of Wednesday (April 3), the following counties are known to have passed resolutions supporting the law’s challenge on Second Amendment grounds: Cortland, St. Lawrence, In addition, the following upstate counties are currently considering joining the action: Steuben, Montgomery, Lewis, Tioga, Chemung, Schenectady and Jefferson.

The states currently filing in support of the Amicus Curiae, and against the law, are: Louisiana, Alabama, Arizona, Arkansas, Georgia, Idaho, Kansas, Kentucky, Michigan, Mississippi, Montana, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin. A brief in opposition to the New York law has also been filed by: The Western States Sheriffs’ Association, International Association of Law Enforcement Firearms Instructors, Law Enforcement Legal Defense Fund, Law Enforcement Action Network, Law Enforcement Alliance of America, and International Law Enforcement Educators and Trainers.

The current resolution was sponsored at management and finance by legislator Phil Barnes (R), District VI, Town of Dix.

A copy of draft resolution, submitted to the legislature by Getman, can be found here.

Resolution (Draft): Adoptin... by on Scribd

Appeals court upholds Schuyler severe abuse case; Schuyler man's parental rights terminated.

A New York State Appeals Court has upheld the termination of parental rights of a Schuyler County man who was found to have severely abused and/or permanently neglected his children.

In a decision dated February 21, and posted to Westlaw thereafter, the Supreme Court, Appellate Division, Third Department agreed with the office of Schuyler County Attorney Steven Getman that the children were permanently neglected and that a finding supported termination of the man's parental rights, thereby freeing the children for adoption.

“This Court found a sound and substantial basis in the record to support the findings of abuse and neglect,” the court held. “In 2015, the (man’s) daughter sustained severe injuries (including) a spiral fracture of her left tibia in March 2015 and a life-threatening subdural hematoma and bilateral retinal hemorrhages in May 2015.”

“(The) Family Court's determination to terminate respondent's parental rights was supported by a sound and substantial basis in the record,” the court held, noting that the father had failed to work with county agencies to rehabilitate himself.

“Despite the provision of numerous services, repeated reminders to engage in same, a court order requiring his cooperation and participation in such services and the passage of nearly three years from when respondent's children were removed from his care and the date of the dispositional hearing, (the father) had not completed parenting education and, more importantly, had only recently engaged in mental health treatment.”

The court’s decision, Getman said, means that the children can be adopted by fit and willing adoptive parents.

“We are happy that the court upheld the decision to terminate parental rights,” Getman said. “The injuries described in the original petition were horrific.”

“We want these kids to be safe and ready to have a loving and safe family take them in permanently,” Getman said. “The Commissioner of Social Services, JoAnn Fratarcangelo, is working to ensure that happens as soon as possible.”

The Schuyler County Department of Social Services is the lead civil investigative agency for cases of alleged child abuse and neglect. The Schuyler County Attorney is the prosecuting attorney for all county agencies involving civil cases, including family court matters involving abuse and neglect.

The names of the man and his children were withheld to protect the innocent.

The Office of Steven J. Getman, Schuyler County Attorney, represented the Department of Social Services. The father was represented by McGraw attorney Lisa K. Miller. Pamela Gee, of Big Flats, served as attorney for the subject children.

The complete decision can be found here

Matter of Logan C by on Scribd

Third National Domestic Violence Prosecution Conference announced

The Association of Prosecuting Attorneys (APA) is hosting its third National Domestic Violence Prosecution Conference on May 15-17, 2019 in Denver, Colorado.

The conference will focus on three domestic violence related themes:

• Staff Management;
• Practical Skills;
• Solutions & Innovations.

Faculty members will facilitate discussion and train participants on practical strategies and model practices.

The registration fee is $305 for APA members and $345 for non-members.

For more information, click here.

Zombies 2.0: $9 Million announced in grants for communities dealing with vacant and abandoned properties

New York State officials have announced “Zombies 2.0,” the expansion of a grant initiative to address the growing statewide issue of “zombie homes”-- vacant and abandoned homes that are not maintained during a prolonged foreclosure proceeding.

This program is intended to provide up to $9 million in grants to New York State municipalities to address housing vacancy and blight. The grants will provide funds to municipalities to increase housing code enforcement, track and monitor vacant properties, and bolster legal enforcement capacity to ensure property lenders comply with local and state law.

Grants are expected to be awarded in amounts ranging from $50,000 to $500,000 based on scale and severity.

Earlier grants under the Zombie Remediation and Prevention Initiative provided nearly $13 million in grants to local municipalities. The 2019 grant will allow previous recipients to continue their work or will give first-time grantees the opportunity to secure funding to support their property clean-up efforts.

Applications are due Friday, March 8, 2019. Awards are expected to be announced in April.

For more on the “Zombie property” initiative, click here.