Showing posts with label schuyler county attorney. Show all posts
Showing posts with label schuyler county attorney. Show all posts

Monday, August 25, 2025

Schuyler County Attorney Urges Safe Driving During Labor Day Holiday


Schuyler County Attorney Steven J. Getman reminds motor vehicle operators to drive safely during the Labor Day holiday, as New York State Police and local law enforcement increase patrols and sobriety checkpoints through Monday, September 1, 2025, as part of the national “Drive Sober or Get Pulled Over” campaign. 

The Labor Day weekend, a peak travel period, often sees a surge in accidents due to reckless, intoxicated, or distracted driving. 

To protect our community, Getman emphasizes the importance of responsible driving and highlights the following:

  • Avoid Impaired Driving: Driving while intoxicated (DWI) or impaired by drugs is a serious crime. In New York, a DWI is defined as a blood alcohol content (BAC) of .08 or higher, with aggravated DWI at .18 or higher. Penalties for a first DWI include fines of $500-$1,000, up to a year in jail, a $750 driver responsibility assessment over three years, and a license revocation for at least six months. Aggravated DWI carries fines of $1,000-$2,500 and at least a one-year license revocation. Under Leandra’s Law, all DWI convictions require an ignition interlock device. 
  • Felony DWI Charges: Repeat DWIs within ten years can escalate to felonies, with a second offense (Class E felony) carrying fines of $1,000-$5,000 and up to four years in jail, and a third offense (Class D felony) up to $2,000-$10,000 and seven years in jail. DWIs involving a child under 16, serious injury, or death can result in felony charges, with penalties up to 25 years in prison for fatal crashes under Leandra’s Law. Commercial drivers face stricter rules, with a BAC limit of .04, and school bus drivers risk felony charges if impaired with students on board. 
  • Eliminate Distractions: Using handheld mobile phones or electronic devices while driving is illegal in New York, except for emergency calls to 911. Violations carry fines of $50-$293 and add five points to your driving record. 
  • Drive Responsibly: Obey speed limits, wear seat belts, and stay focused to reduce risks. Plan ahead for heavy traffic and ensure your vehicle is road-ready.
The Governor’s Traffic Safety Committee and the New York State STOP-DWI Foundation support this initiative, partially funding enforcement efforts. Drivers are encouraged to download the free “Have a Plan” mobile app (available for Windows, Apple, and Android) to locate taxi or rideshare services, designate sober drivers, learn DWI laws, and report suspected impaired drivers. 
“Let’s make this Labor Day safe for everyone,” Getman said. “By driving sober, staying focused, and following traffic laws, we can prevent tragedies and ensure our community enjoys the holiday.” 

Monday, August 18, 2025

Schuyler County Attorney Warns Residents of Rising Text and Phone Scams

Schuyler County Attorney Steven J. Getman is alerting residents to a surge in fraudulent text messages, phone calls, and websites targeting New Yorkers.

“Scammers are impersonating government agencies, such as the Department of Motor Vehicles (DMV) and E-Z Pass, or posing as law enforcement to demand payment for fake traffic tickets, E-ZPass fees, or alleged jury service delinquencies,” Getman said.

“These scams aim to steal money and personal information for identity theft and account takeovers.”

According to Getman, scammers use fake texts, calls, and websites designed to appear official, pressuring victims to pay quickly to avoid penalties like driver's license suspension or arrest. These fraudulent communications often include poor spelling, bad grammar, or threatening language. The DMV and E-ZPass do not send texts demanding payment for outstanding balances.

State officials, including the DMV, Thruway Authority, and Department of State, issued warnings on Thursday (August 14) about these deceptive tactics. A recent case in nearby Steuben County involved a resident receiving a call from someone claiming to be a police officer, demanding payment via text voucher to avoid arrest for alleged jury service delinquency.

Schuyler County residents can protect themselves by following these recommendations from state officials:

• Be Cautious: Do not click links in texts or emails claiming to be from trusted sources if you have any doubts.
• Verify Websites: Legitimate communications only direct to official DMV (dmv.ny.gov) or E-ZPass (e-zpassny.com) websites. Check URLs carefully.
• Spot Red Flags: Look for poor spelling, grammar, or urgent threats in messages.
• Protect Personal Information: Legitimate agencies do not request sensitive information via email or text.

The Department of State's Division of Consumer Protection also advises:

• Use unique, complex passwords for each account.
• Enable extra security like fingerprint or facial recognition.
• Avoid saving passwords on devices or clicking free download links from pop-up ads. dos.ny.gov/consumer-protection
If you suspect your account has been compromised:

• Update passwords for all affected accounts and contact your email provider if necessary.
• Report unauthorized charges to your bank or credit card provider.
• Warn friends and family about suspicious messages from your compromised accounts.
• Contact Experian, Equifax, or TransUnion to place a fraud alert or security freeze on your credit report.
• File reports with the Federal Trade Commission at ftc.gov and identity theft cases at identitytheft.gov.

Getman urges residents to stay vigilant, verify communications, and report suspicious activity promptly to protect themselves and their community.

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.

Monday, July 14, 2025

Schuyler County announces change in tax foreclosure filing date(s) and help for property owners.

Schuyler County Officials are notifying all persons owing back property taxes of a significant change in New York State’s filing date for counties to commence real property tax foreclosures.  They also want delinquent property owners to know that there may be options to avoid foreclosure, including installment agreements and legal assistance.

According to Schuyler County Treasurer Holley Sokolowski and Schuyler County Attorney Steven Getman, the date for filing Notices and Petitions in Schuyler County tax foreclosure cases has been changed from November to July, due to changes in New York State Real Property Tax Law.

“This change affects property owners with outstanding tax obligations in Schuyler County,” Sokolowski said.  “Under the revised schedule, tax foreclosures for unpaid property taxes, including town, county and school taxes, will now be filed and served in July of each year, rather than the previous November date.”


“Property owners with delinquent taxes are urged to act promptly to avoid additional penalties, interest, or even loss of your real property.   We want to avoid people losing their homes whenever possible.”

According to Getman, the change was signed into law in 2024 by Gov. Kathy Hochul.  He stressed that the change will not affect property owners who have paid their taxes, but only those properties where taxes are unpaid for at least eighteen months.

“We encourage all delinquent property owners to review their tax status and make payments as soon as possible to avoid further financial penalties or loss of their homes,” said Getman. “Schuyler County is committed to assisting residents in navigating this change and ensuring compliance with the new deadline.”

Sokolowski agreed, stating “the Treasurer’s Office is here to support residents in maintaining compliance and protecting their property.”

Sokolowski said her office offers several options to assist eligible property owners facing challenges in paying delinquent taxes:

  • Installment Agreements: Property owners may contact the Schuyler County Treasurer’s Office to explore monthly installment agreements, which can divide tax payments into manageable amounts, particularly for those on fixed incomes.
  • Redemption Period: Property owners can redeem their property by paying all delinquent taxes, interest, and fees before the expiration of the redemption period, which is typically February of the following year.
  • Surplus Funds: In the event of a tax foreclosure sale, property owners may be eligible to claim surplus funds.

According to Getman, for property owners needing legal guidance to address delinquent taxes or potential foreclosure proceedings, the following resources are available:

  • Legal Assistance of Western New York, Inc.: Provides free legal aid for eligible low-income residents in Schuyler County in certain cases. Visit www.lawny.org for more information.

  • New York State Courts Electronic Filing System (NYSCEF): For those involved in foreclosure proceedings, legal documents can be accessed and filed electronically. Visit http://www.nycourts.gov/efile-unrepresented for details.

  • Local Attorney Consultation: Property owners with back taxes are encouraged to consult with a qualified attorney to explore options such as filing an answer to the petition or negotiating payment plans. Property owners may contact the New York State Bar Association Lawyer Referral Service (1-800-342-3661) to locate a qualified local attorney.


“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," Getman said.  “We do not want anyone surprised by this change in New York State law.”

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.


Monday, February 24, 2025

Tips for New Yorkers to Protect Themselves from Predatory Debt Collectors

New York State officials have released a guide to help New Yorkers use the state’s Exempt Income Protection Act (EIPA) to protect their money from debt collectors:

The EIPA is a state law that prevents debt collectors from draining consumers’ bank accounts, leaving them unable to cover the costs of basic needs. The law automatically protects a certain amount of money in people’s bank accounts
from being frozen or seized, and also protects vital government benefits like Social Security, disability benefits, and veteran’s benefits.

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The EIPA automatically exempts a certain amount of money in people’s bank accounts from being frozen or seized. This protected amount is based on the minimum wage and is $3,960 for those in New York City, Long Island, or Westchester, and $3,720 for those anywhere else in New York as of January 2025. The EIPA also protects 90% of wages or salary earned in the 60 days before a debt collector attempts to seize funds.

Crucially, EIPA also protects government benefits and retirement funds from being frozen or seized, ensuring New Yorkers have enough money to pay their bills. These funds include:

• Social Security;
• Supplemental security income;
• Disability benefits;
• Unemployment insurance;
• Workers compensation;
• Veterans benefits;
• Spousal support, alimony, or child support; and
• Payments from public or private pensions and retirement accounts, such as 401(k)s or individual retirement accounts (IRAs).

For a copy of the guide, click here.

Monday, February 10, 2025

Can a Thumbs-Up Emoji Form Binding Sales Contract?

At least, in Canada, yes. Technology and Marketing Law Blog has the details:
This is the instant-classic lawsuit involving a Saskatchewan farmer who text-messaged a “thumbs-up” emoji in response to an offer to buy his flax. The lower court found that the seller’s thumbs-up emoji constituted assent to the buyer’s offer and awarded the buyer $82k (Canadian) in damages. On appeal, the Saskatchewan Court of Appeals affirmed the decision on a 2-1 vote.

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The seller argued that he had used the thumbs-up emoji to acknowledge receipt of the buyer’s text, not to assent to it. The majority says that is theoretically possible...Nevertheless, the majority says that the seller chose this particular emoji in this particular context...As a result, the emoji functioned as a signature...

The blogger, Prof. Eric Goldman, suggests that the outcome would have been the same in the United States:

While Canadian law resembles US law about electronic signatures, the emoji-as-signature issue may have been an easier call in the US courts. I think that the E-Sign and UETA laws in the US make it entirely clear that the emoji usage in this context would satisfy their requirements as a signature.

Monday, December 30, 2024

New laws for New York in 2025

Here is a list of some of the new laws taking effect in 2025:

• The New York State the Equal Rights Amendment.
• Transparency from telemarketers
• Deterring cell phone theft
• Making it easier to cancel health club contracts
• Banning certain fees on leased cars
• Posting restaurant inspection grades
• Paid leave for some expectant mothers
• Expanded access to childcare
• Raising New York’s minimum wage
• Expanced coverage for persons with severe job-related stress
• Expedited payment of unclaimed funds
• Regulating classroom temperatures
• Labels on drugs and cosmetics
• Disclosing diaper ingredients
• Cracking down on hate-fueled threats
• Insurance coverage for dyslexia exams
• Expanded protection against domestic violence
• Seat belts required on charter buses

Monday, October 21, 2024

New Yorkers warned: be cautious in charitable giving for hurricane relief

New York State officials are reminding New Yorkers seeking to provide support to victims of Hurricane Helene and Hurricane Milton to look Out for Sham Charities and make sure to give to trustworthy organizations. New Yorkers seeking to donate to disaster relief efforts should consider the following tips and guidelines:

• Solicited by Email? Find Out Who Is Soliciting.
• Be Careful When Giving Through Social Media or Other Fundraising Sites. Before giving through social media or fundraising sites, research the identity of the organizer of the fundraising efforts and ask the same questions you would of a charity.
• Check Before Giving. Donate to charities you are familiar with and carefully review information about the charity before you give.
• Ask How Your Donation Will Be Used. Find out how the charity plans to use your donation, including the services and individuals your donation will support.
• Look Into Newly Formed Organizations Carefully. While most of these organizations are well-intentioned, and some may provide innovative forms of assistance, some may not have the experience or infrastructure to follow through on their promises, and some may turn out to be scams.
• Exercise Caution Before You Text A Contribution. Check the charity’s website or call the charity to confirm it has authorized contributions to be made via text message.
• Don't Give Cash. Give directly to the charity either by check made payable to the organization or through the charity's website.
• Be Careful About Personal Information. Be cautious before giving credit card or personal information over the phone, by text message, or via the internet.

Residents who suspect an organization is misrepresenting its work, or that a fundraising or charitable scam is taking place, can file a complaint with the Charities Bureau, or call 212-416-8401.

For more information on avoiding charity scams and how to better determine if a charity is legitimate, click here.

Monday, July 29, 2024

Schuyler County announces Citizen Preparedness Training Program

From the Schuyler County Emergency Services Office:
With severe weather events becoming more frequent and more extreme, it is more important than ever that New Yorkers are prepared for disasters. The NY Citizen Preparedness Training Program teaches residents to have the tools and resources to prepare for any type of disaster, respond accordingly and recover as quickly as possible to pre-disaster conditions. This training course will provide an introduction to responding to a natural or man-made disaster. Participants will be advised on how to properly prepare for any disaster, including developing family emergency plan and stocking up on emergency supplies. Each family that attends will receive one Preparedness kit.
The event will be held Thursday, September 26, 2024, at 6:00 PM at the County’s Human Services Complex 323 Owego Street, Montour Falls, NY 14865. All participants must register in advance. To register and for additional information click here.

Monday, July 15, 2024

Consumer Alert: Cyberattack on Change Healthcare’s systems affected millions of patients and providers nationwide

New York State officials have issued a consumer alert to raise awareness about free credit monitoring and identity theft protection services available for millions of consumers impacted by the Change Healthcare data breach:

In February, Change Healthcare, which operates the nation’s largest electronic health care payment system, experienced a cyberattack that exposed the personal information of millions of patients, including millions of New Yorkers. After the cyberattack…. Change Healthcare is offering all New York residents free credit monitoring and identity theft protections for two years to safeguard their personal information.

According to officials consumers should be aware of potential warning signs that someone is using their medical information. These signs include:

• Bills for medical services they did not receive.
• Errors in their Explanation of Benefits statement, such as charges for services never received or prescriptions not taken.
• Calls from debt collectors about medical debts they do not owe.
• Medical debt collection notices on their credit report that they do not recognize.
• Notices from their health insurance company about reaching benefit limits.
• Denials of insurance coverage due to inaccurate pre-existing conditions.

The New York State Attorney General’s office is encouraging everyone to use the free credit monitoring and identity theft protection services to safeguard their information. These resources will be available for free for two years. Consumers can enroll in free credit monitoring and identity protection services online or by calling 1-866-262-5342.

Monday, April 29, 2024

Schuyler County Commemorates May 1 as “Law Day”

Law Day is Wednesday (May 1) and the Schuyler County Legislature has recognized as the Law Day 2024 theme, “Voices of Democracy.”

The legislature passed a resolution at its April 8, 2024 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.

“In 2024, the United States will hold its 60th presidential election, together with many federal, state and local elections,” Getman wrote. “The ‘Voices of Democracy’ Law Day theme encourages Americans to participate in the 2024 elections by deepening their understanding of the electoral process; discussing issues in honest and civil ways; turning out to vote; and, finally, helping to move the country forward after free and fair elections.”

In passing the resolution, the legislature called upon all Schuyler County residents “to observe this day by lifting their voices to maintain our system of laws and to ensure that our republic endures through free and fair elections.”

The measure was introduced by Legislator Gary Gray (R- District VIII) and seconded by Legislator Michael Lausell (D-District III). It was supported unanimously by the members present.

May 1, 2024 is the 66th 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, 2024 as ‘Law Day’ in Schuyler County” is available here.

Monday, March 18, 2024

2024 Voting: key dates, resources, and hotline information

Each year, for both the June primary and November general elections (and the April primary for presidential election years), New York State runs an Election Protection Hotline during the early voting period and on Election Day.

Volunteers will troubleshoot issues and work with local boards of elections when necessary.

Persons who experience problems voting can call 1-866-390-2992 or submit a voter complaint here.

Important dates and deadlines are available here.

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, June 12, 2023

NYS Officials Announce Interagency Enforcement Actions Against Unlicensed Marijuana Businesses

June 8, 2023,Albany, NY:
Governor Kathy Hochul (on June 8) announced the launch of an interagency initiative to cease the sale of untested cannabis from unlicensed storefronts and trucks. Enforcement officers from the New York State Office of Cannabis Management and Department of Taxation and Finance conducted inspections at storefront businesses not licensed to sell cannabis and issued
Notices of Violation and Orders to Cease Unlicensed Activity, when appropriate. These actions will be replicated across the state to end public sales of untested cannabis by unlicensed businesses. As part of the FY 2024 Budget, Governor Hochul signed critical legislation allowing for these expanded enforcement actions against unlicensed cannabis businesses to take place.

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Governor Hochul signed legislation allowing for enhanced enforcement of unlicensed cannabis businesses as part of the FY 2024 Budget. The legislation allows the Office of Cannabis Management to assess civil penalties against unlicensed cannabis businesses that would undercut their efforts, with fines of up to $20,000 a day for the most egregious conduct. It also makes it a crime to sell cannabis and cannabis products without a license.

As a result of the legislation, the Department of Taxation and Finance can also conduct regulatory inspections of businesses selling cannabis to determine if appropriate taxes have been paid and levy civil penalties in cases where appropriate taxes have not been paid. The legislation also establishes a new tax fraud crime for businesses that willfully fail to collect or remit required cannabis taxes, or knowingly possess for sale any cannabis on which tax was required to be paid but was not.

For more information on the new legislation, click here.

Monday, March 13, 2023

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.

Monday, February 13, 2023

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.

Monday, October 10, 2022

Schuyler County to take up call to repeal “unconstitutional” new state gun laws

Schuyler County is expected to join a host of other counties across New York opposing the state’s new gun laws imposing stringent new requirements for concealed-carry permits and firearm bans on most public and private properties.

On Wednesday (October 5), a committee of the Schuyler County Legislature approved a draft resolution asking the state to repeal the “New York State Conceal Carry Improvement Act” as “an unconstitutional infringement upon the Second Amendment right for law abiding citizens …to bear arms” that is “riddled with cumbersome, confusing, and redundant barriers of compliance” and which “does nothing to deal with the problems of crime and illegal firearms, especially in light of New York State’s ill-considered ‘bail reform’ laws.”

The resolution states that the new rules create “unfunded mandates,” and “potential threats to due process rights.” It also singles out the new rules requiring citizens to divulge their social media accounts as a potential violation of the First Amendment.

The resolution, prepared by Sheriff Kevin Rumsey and County Attorney Steven Getman, is expected to go the full legislature at its monthly meeting on Tuesday (October 11).

Various counties have issued similar resolutions, including by Allegany, Greene, Madison, Niagara, Seneca, Wayne and St. Lawrence counties.

The “New York State Conceal Carry Improvement Act,” which went into effect September 1, has led to court challenges from gun owners who say it improperly limits their constitutional rights. The new gun laws have also been subject to criticism by law enforcement groups and legal experts, including the New York State Sheriff’s Association and the President of the New York State Bar Association.

The measure was passed by the state legislature and signed into law by Gov. Kathy Hochul on July 1, mere days after the U.S. Supreme Court invalidated key parts of the state’s prior concealed-carry provisions as a violation of the U.S. Constitution’s Second Amendment. The law was passed in the Senate on a party-line vote, with all 43 Democrats in favor and all 20 Republicans opposed.

Under the new law, applicants for a concealed-carry permit will have to complete 16 hours of classroom training and two hours of live-fire exercises and provide their social media accounts for review by law enforcement officials.

Additionally, even with a permit, ordinary citizens are prohibited from bringing guns to schools, churches, subways, theaters and parks, among other places deemed “sensitive” by the state. The list of prohibited spaces for carrying guns has drawn criticism from gun owners who say it is so extensive it will make it almost impossible for people to carry firearms outside the home without committing a felony.

Asked in June if there were any public places where carrying a firearm will still be allowed, Hochul said, “Probably some streets.”

Lawsuits challenging the new law have already appeared, including a complaint filed in the Northern District of New York alleging that “exorbitant fees, [a] slew of non-sensitive ‘sensitive locations’ and ‘restricted locations’ which include very public places (like parks and sidewalks), and incredulous demands for carry license applicants, all are entirely without historical example, and thus violate the Second Amendment.” The complaint also makes a First Amendment challenge to the social media submissions, arguing that New York is attempting to “use protected First Amendment activity to deny the exercise of another right.”

A complete copy of Schuyler County’s resolution can be found here.

Monday, August 29, 2022

11th National Animal Cruelty Prosecution Conference announced

The Association of Prosecuting Attorneys, in partnership with the Animal Legal Defense Fund, will host the 11th National Animal Cruelty Prosecution Conference on December 13-15, 2022 in Nashville, Tennessee.

The goal of this training is to provide prosecutors, law enforcement, and others with the requisite skills to strengthen links between the criminal justice system and the community by protecting our most vulnerable victims and to enhance prosecutors' ability to successfully identify and prosecute animal cruelty and animal fighting cases.

The conference is intended for prosecutors, law enforcement and animal control officers, veterinarians and related disciplines involved in the prosecution of animal cruelty crimes.

For more on the conference, including how to register, click here.

Monday, July 18, 2022

Watkins Glen man sentenced for grand larceny, fraud

WETM:
On July 14, Louis Latorre, 48, was sentenced to five to 15 years in prison for the theft, the maximum possible sentence for each of his seven charges, according to the District Attorney’s Office. In June, Latorre pled guilty to pocketing $300,000 in “fictitious returns” from the hardware store Watkins Glen Supply between 2013 and 2020 and receiving $131,865 in public benefits.

Louis Latorre 


Neither Latorre nor his wife reported the extra income—which investigators said was thousands every month—resulting in them receiving more than $125,000 in public benefits from the Department of Social Services.

Law enforcement was tipped off in 2020 when a security camera in the store caught Latorre putting cash in his pocket. DSS later notified the DA’s office that Latorre and his wife were likely committing the fraud.

Latorre was originally arrested in November 2020 for the theft. Almost a year later in October 2021, he and Kimberley Latorre were arrested for failing to report their income and receiving the $131,865 in benefits from Social Services.

Note: Kimberly Latorre awaits trial and is presumed innocent until proven guilty.

(Photo from Finger Lakes Daily News)

Thursday, July 7, 2022

Schuyler County man jailed for failure to pay nearly $31,000 in back child support

A Schuyler County man was given a 60-day jail sentence for not paying nearly $31,000 in past-due child support, following an appearance in Schuyler County Family Court on Wednesday (July 6, 2022).

According to the office of Schuyler County Attorney Steven Getman, the man was found in willful violation of a prior court order because he failed to pay $30,993.72 in court-ordered support for the benefit of his two children. This failure to pay stretched back to at least November 2018, court records showed.

Assistant County Attorney Vinton Stevens presented the violation case for the County Attorney’s office. At Wednesday’s court appearance, Stevens advised the court that the respondent had paid only $1,910.65 toward the amount due. Stevens also noted that the man was recently apprehended on a criminal court warrant in Chemung County, and he was already facing extradition to another state for a separate criminal prosecution.

Based on the evidence, Stevens argued that the respondent should be sentenced to 60 days in jail, consecutive to any sentence for the Chemung County criminal matter.

The respondent was represented by Schuyler County Assistant Public Defender Mark Raniewicz. Raniewicz asked the court to consider his client’s circumstances, arguing that the respondent intended to get a job and pay support upon his release from incarceration and that the court should impose any jail sentence concurrent to any sentence in Chemung County.

After hearing from the attorneys, and giving the respondent an opportunity to speak, Schuyler County Family Court Judge Matthew Hayden confirmed the man had willfully violated the child support order, and determined that the respondent should be jailed. Therefore, he sentenced the respondent to sixty days incarceration, consecutive to any sentence in the Chemung County criminal matter and entered a money judgement for the past due child support. Hayden also directed that the respondent could be released from jail if he paid the full amount of back child support.

Getman said he was satisfied with the court’s decision.

“These jail sentences send a message that will hopefully resonate,” Getman said. “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.”

“Parents who refuse to support their children can, and will, be punished when appropriate.”

The County Attorney’s Office represents the Department of Social Services in prosecuting child support cases brought in Family Court by that agency. In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.

The County Attorney’s Office was assisted in the prosecution and presentation of the case by employees of the County’s Child Support Enforcement Unit.

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

Monday, June 27, 2022

Public Comment Sought on Proposed Amendment for Uniform Standards of Eligibility in Family Court

The New York State Unified Court System is seeking public comment on a proposal that would implement eligibility standards for assigned counsel in all family court proceedings. This proposal would provide in part that:
1) “A person entitled to publicly funded counsel pursuant to [FCA 262, SCPA 407, or Judiciary Law 35(8)] shall be financially eligible for counsel when the person’s current available resources are insufficient to pay for a qualified private attorney, the expenses necessary for effective representation, and the reasonable living expenses of the person and any dependents.”

2) “Counsel shall be provided at the first court appearance or immediately following the request for counsel, whichever is earlier. Eligibility determinations shall be made in a timely fashion so that representation by counsel is not delayed.”

3) “A parent or legally responsible person, as defined by law, shall be entitled to and provided with immediate representation by counsel: (i) upon the filing of a petition or pre-petition request under Article 10 of the Family Court Act for an order for immediate removal of a child or temporary order of protection; (ii) where the court has received notice of an extra-judicial emergency removal of a child; or (iii) upon the filing of a petition alleging abuse or neglect against the parent or person legally responsible. In accordance with this entitlement, counsel shall be provided sufficiently in advance of the person’s first court appearance and shall also be provided for parents during a child protective agency investigation ….”

4) A presumption of eligibility when the person’s net income is at or below 250% of the Federal Poverty Guidelines; the person is incarcerated, detained, or confined to a mental health institution, or is currently receiving, or has recently been deemed eligible pending receipt of, need-based public assistance, or within the past six months, has been deemed financially eligible for counsel in another court proceeding in that jurisdiction or another jurisdiction.

5) A determination denying counsel by the court or delegated screening entity shall be in writing, shall include reasons for the denial and procedure for seeking reconsideration, and shall be provided to the person seeking counsel.

The request for public comment can be found here.