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.” 

Ovid votes to establish a local development corporation

The Finger Lakes Times:

The Ovid Town Board unanimously — and enthusiastically — created the Ovid Local Development Corp., with the goal of supporting efforts to rebuild the community’s downtown.

Town Supervisor Joe Borst said the LDC, and the group that has been meeting to create it, are positive signs that “good things are going to come” to Ovid in the future, even if it’s not clear quite yet what that means.

“They just don’t know at this point,” Borst said about the property and business owners who were affected by the Jan. 21 fire that started in an apartment over the Ovid Big M. “I think some of them are still working with their insurance companies. They could decide to rebuild and the (LDC) could help, or they could deed the property and the (LDC) could take over.”

The measure adopted Wednesday establishes a temporary board of directors that includes Ellen Smith, Bruce Murray, and Erik Holmberg. Borst said applications are still being accepted for a full board of directors and asked that anyone interested submit letters of intent.

The letters will be reviewed by two members each from the Ovid village and town boards. Preference will be given to Ovid residents and business owners.

Borst said there have been several meetings since the fire with those interested in helping recovery efforts, but things had gone as far as they could go without an entity like the agency being established. He said he was grateful that a group stepped up to the plate to do it.

Ovid seeks applicants for new local development board

© 2025 Fingerlakes1.com, Inc.

The Ovid Town Board is calling on local leaders and business owners to help shape the area’s future by joining the board of a proposed Local Development Corporation (LDC).

The new not-for-profit corporation would focus on boosting economic development and revitalizing neighborhoods within the Town and Village of Ovid. The Town Board will appoint seven members to serve on the board of directors once the LDC is incorporated.

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In addition to appointed members, the board will include the Ovid Village Mayor and the Ovid Town Supervisor as ex-officio members or through designated representatives.

Those interested in applying must submit a letter detailing their residence and qualifications to the Ovid Town Board by 5:00 p.m. on June 30. Applications can be sent to 2136 Brown St, Ovid, NY 14521 or by email to ovidtowndeputyclerk@townofovid.net.

For more information, click the link above.

Law Day 2025 theme announced

The American Bar Association has announced that the 2025 Law Day theme will be The Constitution's Promise: Out of Many, One:

The Constitution enshrines our collective responsibility to one another, and the 2025 Law Day theme urges us to take pride in a Constitution that bridges our differences to bring us together as a united nation. Our civic lives tie us together as one “We,” whether through legislative efforts that serve the common good, through military service, or by working together, every day, to fulfill the promise of E pluribus unum, or “Out of many, one.”

Law Day is an annual commemoration held on May 1st to celebrate the rule of law and cultivate a deeper understanding of the legal system.

For more information on Law Day, click here.

Schuyler County Collaborates on Survey to Identify Gaps in Healthcare Access

© Copyright 2024, Finger Lakes Daily News by FLX Local Media:

Eight Public Health departments in the Finger Lakes have collaborated to create a survey hoping to understand what it’s like to find medical, dental, vision, hearing, mental health, and addiction care in rural communities. The survey was released on Monday.

The development of the survey this spring and summer was a collaborative effort led by the Pivotal Public Health Partnership. It is a precursor to the region’s Community Health Assessment (CHA) process which will begin in earnest later this year and continue through 2025.

Participating Health Departments include Yates, Schuyler, Ontario, Seneca, Steuben, Wayne, Livingston, and Chemung counties.

The survey can be found here.

New York Courts Launch Online Case Activity Dashboard

NEWS RELEASE:

The New York State Unified Court System has launched a new online feature: an interactive dashboard tool that allows the public ready access to caseload trends data for statepaid trial courts. The new Trial Court Caseload Trends Dashboard includes counts of filings, dispositions, pending cases, and trials commenced for all state-paid trial courts, including:

• Local Criminal Court
• Supreme Court-Criminal Term
• County Court-Criminal Term
• Local Civil Court
• Supreme Court-Civil Term
• County Court-Civil Term
• Family Court
• Surrogate's Court

This new online resource enables the user to search/filter by type of case and disposition, as well as by specific court location(s). Data from Year 2019 is included for most metrics, so that the user can examine caseload trends over time. The dashboard, which will be updated monthly, displays year-to-year as well as year-to-date comparisons of each metric by both court type and case type

.

To accesss the dashboard, click here.

Merry Christmas, everybody!

Cyber Monday scams are rampant in NY this year. How to avoid them

Online shopping this holiday season?

November 27 this year is Cyber Monday and fraud expert for the National Consumers League, John Breyault, told Gannett News there are three scams consumers should be aware of ahead of this holiday season:

• Deals that seem too good to be true
• Porch pirates
• Delivery scams

There is also information on what to do if you've been scammed.

For more information on each scam, and how to avoid it, click here.

Second Amendment Legal Update, January 2023

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month's report, click here.

New York State Bar Association sues to raise assigned counsel pay

New York State Bar Association Commences Lawsuit To Raise 18-B Rates

Through this legal action, the New York State Bar Association is seeking a pay rate of $158 per hour retroactive to Feb. 2, 2022 in the 57 counties outside of New York City for what is commonly referred to as 18-B lawyers. Pay has remained at $60 per hour for misdemeanors and $75 for felonies since 2004. By comparison, assigned counsel rates in the federal courts in New York in those same years have been raised 14 times to the current rate of $158 per hour.

“The New York State Bar Association has long supported sufficient pay for assigned counsel,” said Sherry Levin Wallach, president of the association. “Failing to provide adequate compensation for representation to children and indigent adults is a flagrant violation of the U.S. and New York State constitutions.”

“Rates have only been increased once in 35 years, which is a travesty. While we welcome the higher rates in New York City as a result of Justice Headley’s decision, it should be applied statewide. There is now a significant discrepancy in pay across the state for assigned counsel resulting in attorneys not being able to accept court appointed assignments. Ultimately, it is the clients — children and indigent adults — who suffer because their constitutional rights are not being protected,” she said.

The failure to raise rates in 18 years has led to fewer attorneys who are willing to take on the cases. Those who remain are overburdened and don’t have sufficient time to devote to each case.

A copy of the complaint is available here.

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.

Beware these Cryptocurrency Investment Risks

New York State officials are reminding the public of some of the potential risks of investing in cryptocurrencies. According to officials, investors in virtual assets should beware of the following:

• Highly Speculative and Unpredictable Value;
• Difficulty Cashing Out Investments;
• Higher Transaction Costs;
• Unstable “Stablecoins;
• Hidden Trading Costs;
• Possible Conflicts of Interest;
• Limited Oversight.

Even “legitimate” investments in virtual assets are subject to speculative bubbles and security issues, the report notes.

Members of the public who are worried that they have been a victim of investment fraud, can contact the Investor Protection Bureau or seek the advice of a competent attorney of their own choosing.

For more guidance on the possible risks associated with cryptocurrencies click here.

Sexual Harassment Complaint Hotline Established for New York

New York State has created a toll-free confidential hotline for complaints of workplace sexual harassment.

The new law also provides free legal assistance to individuals who contact the hotline. The New York State Division of Human Rights intends to recruit experienced attorneys acting in a pro bono capacity to provide legal advice to complainants.

Once the hotline is established, New York employers will be required to include information about the hotline in any materials they are required to post or provide to employees regarding sexual harassment.

The law regarding the hotline goes into effect on July 14, 2022. For more information about the hotline, click here.

New York State Court system’s annual report released

The New York State Unified Court system has issued its annual report for the previous year.

Among the issues addressed in the report for 2021 are:

• Equal Justice in the Courts
• Gun Crimes
• Justice for Children
• Problem-Solving Courts and Initiatives
• Expanded e-filing

The New York State Unified Court System is administered by the Office of Court Administration (OCA) under the authority of the Chief Judge and Chief Administrative Judge. >OCA provides financial management, automation, public safety, personnel management and other essential services to support day-to-day court operations throughout the state, including Schuyler County.

A complete copy of the report is available here.

Kyra’s Law: reforms proposed to address domestic violence, protect children

A proposed law to reform New York State’s divorce and Family Courts to protect children and families at risk of domestic violence, is moving closer to passage.

"Kyra’s Law," currently in committee, would amend Domestic Relations Law 240, adding a number of requirements and presumptions in any custody and visitation proceeding involving allegations of child abuse or domestic violence by a parent, regardless of whether the allegations involve the subject child.

The provisions include:

• A requirement that the court must first consider allegations of child abuse or domestic violence before considering any other best interest factors and hold a hearing on the allegations within 60 days of the filing of a petition.
• If the court finds a pattern of domestic violence or child abuse, then the court must award sole custody to the “non-offending parent” and must suspend visitation, or only award professionally supervised visitation, without court discretion.
• In any custody and visitation proceeding where such pattern is found, concerns regarding parental alienation are not admissible and may not be considered in a best interests determination.

The proposed law would also mandate domestic and child abuse training for state judges and other court officials.

For the complete text of the proposed law, click here.

Martin Luther King Day

Ronald Reagan:

"Each year on Martin Luther King Day, let us not only recall Dr. King, but rededicate ourselves to the Commandments he believed in and sought to live every day: Thou shall love thy God with all thy heart, and thou shall love thy neighbor as thyself. And I just have to believe that all of us -- if all of us, young and old, Republicans and Democrats, do all we can to live up to those Commandments, then we will see the day when Dr. King's dream comes true, and in his words, "All of God's children will be able to sing with new meaning. . . land where my fathers died, land of the pilgrim's pride, from every mountainside, let freedom ring."

(President Reagan, Coretta Scott King, Bob Dole and others at the signing ceremony for HR 3706 making the birthday of Martin Luther King Jr. a national holiday. 11/2/1983)

New Laws Meant to Combat the Opioid Crisis in New York State

New York State has enacted a package of bills “designed to remove barriers to drug treatment and make substance abuse prevention resources available to more New Yorkers.”

According to Governor Kathy Hochul, the new laws are “aimed toward reducing drug-related overdose deaths across New York State and encouraging those suffering from addiction to seek help in their recovery.”

The laws include:

• S911/A2354, amending the CPL, the CPLR, and the Executive Law “to promote the use of opioid antagonists in preventing drug-related overdoses,” by decriminalizing possession of opioid antagonists, “drugs that block opioids by attaching to opioid receptors without activating them.”
• S6044/A128, establishing “an online directory for distributors of opioid antagonists making them more accessible to New Yorkers ….” • S2523/A868, decriminalizing “the possession and sale of hypodermic needles and syringes.”
• S7228/A5511-A, expanding “the number of eligible crimes committed by individuals with a substance use disorder that may be considered for diversion to a substance use treatment program” and updating “the term ‘substance abuse’ to ‘substance use.’”
• S.1795/A.533 Relates to the Establishment of a Program for the Use of Medication Assisted Treatment for Incarcerated Individuals

Some local law enforcement officials in the state have criticized the bills as an “unfunded mandate” on counties that won’t solve the problem as intended:

Lewis County Sheriff Mike Carpinelli, who is running for governor as a Republican, said “I’m upset by it. I think it’s a waste of taxpayers’ money, and I think it’s gonna bring more problems to all our jails across the state.” “Why instead of actually treating the addiction problem are we giving them something that enables them to continue on with it?” he said. ****
Brooks Bigwarfe, St. Lawrence County Sheriff, and Colleen O’Neill, Jefferson County Sheriff, said they’ll follow the state’s orders. Both declined to offer an opinion about the wisdom of the new law…. Bigwarfe, like Carpinelli, pointed out that it’s an unfunded state mandate, so taxpayers will be paying for the new program.

More on the new laws can be found here.

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 York State Releases Caseload Standards for Family Court Public Defense lawyers

The New York State Officie of Indigent Legal Services (OILS) has released Caseload Standards for Parents’ Attorneys in New York State Family Court Mandated

Representation Cases. The standards are intended to cover public defenders, assigned counsel and other attorneys assigned to provide mandated representation for people who cannot afford their own lawyer in various types of family court cases.

The standards include both maximum annual case assignment limits and a minimum average number of hours attorneys should spend on each case.

Cases are broken down into thirteen case categories:

• paternity;
• willful violation of support;
• willful violation other;
• family offense;
• guardianship;
• violation of conditional surrender;
• adoption;
• modification of prior order;
• custody/visitation;
• conditional surrender;
• neglect;
• abuse; and
• TPRs (termination of parental rights).

Approval of the standards is contingent upon the availability of State funding to implement the standards. The full report can be found here.

New law protects New Yorkers from “spam” text messages.

New York state officials have enacted new legislation, expanding New York State’s definition of telemarketing to include text messages.

New Yorkers have protection against unwanted robocalls under state law, but texting was not previously defined as telemarketing, exempting it from those protections. This legislation closes that loophole.

State law originally protected New Yorkers against unwanted robocalls, but text messages were not included under those protections. That stipulation has changed. Now, the definition of “telemarketing” as it pertains to state law also encompasses text messages.

Many New Yorkers saw a rise in unwanted calls and text messages from telemarketers during the pandemic.

A complete copy of the new law can be found here.