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.” 

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.

NYS Judicial Conduct Commission releases annual report

The New York State Commission on Judicial Conduct has released its 2023 Annual Report, covering activities throughout the calendar year 2022.

Among its latest activities:

• The Commission also rendered 25 public decisions, the most in a single year since 2009.
• Thirteen judges were publicly disciplined: three judges were removed from office, seven were censured and three were admonished.
• Twelve judges resigned and publicly agreed never to return to judicial office.
• Six other judges resigned while complaints were pending, where it had not been determined permanent departure from office was warranted or appropriate.
• Twenty-seven judges were issued confidential cautionary letters.
• One hundred and eighty-seven matters were pending at year’s end.

The Commission is the disciplinary agency constitutionally designated to review complaints of judicial misconduct in New York State. The Commission's objective is to enforce the obligation of judges to observe high standards of conduct while safeguarding their right to decide cases independently.

The Report is available at here. An accompanying press release is available here.

Second Amendment Legal Update: February 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 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.

Schuyler County Residents: Make your homeownership dreams a reality, with a Homebuyer Education Class

Join Ithaca Neighborhood Housing Services to learn how to become a successful and happy homeowner.

The class will be held virtually on Mondays, November 2, 9, 16 and 23 from 6:30 - 8:30 PM via Zoom and will cover:

• How much money you need to buy a home
• Your credit score and how it affects you
• How much house you can afford
• What a Realtor can do for you
• How to get a mortgage
• How to pick the right home
• Home Inspections
• How to protect your investment

Participants can also get a free copy of their credit report as well as free one-on-one support.

Down payment and closing cost assistance is also available to first-time buyers — find out if you qualify: The INHS service area includes: Cayuga, Chemung, Cortland, Schuyler, Seneca, Tioga, and Tompkins Counties.

The registration fee is $25.00 (Virtual Special for 2020: 2/3 off).

For more information or to register, click here.

New York State Court System to Begin Return to In-Person Courthouse Operations

The New York State Court System will begin a return to in-person courthouse operations this Monday (May 18).

The initial phase of the plan for the 6th Judicial District, which includes Schuyler County and Tompkins County, is available below:

NYS 6th Judicial District R... by Steven Getman on Scribd

New Assistant Schuyler County Attorney Named

Watkins Glen, NY--Vinton Bovier Stevens, an Elmira native, has been appointed an Assistant County Attorney.

The appointment was unanimously approved by the Schuyler County Legislature at its February 11 meeting.

As an Assistant County Attorney, Stevens will join Schuyler County Attorney Steven Getman in representing the County in civil litigation, family court prosecutions and related matters.

Stevens has been an attorney since 1999. Prior to joining the County Attorney’s office, he practiced law in New York City, Chemung and Tompkins Counties.

In addition to Getman and Stevens, the Schuyler County Attorney’s staff consists of attorney Kristin Hazlitt, of Hector, as well as secretaries Maryann Friebis and Brandy Bower.

Stevens is a graduate of Notre Dame High School, in Elmira, and attended college at the University of Rochester. He is a 1998 graduate of Temple University School of Law.

In addition to his attorney duties, Stevens serves as Vice Flotilla Commander of the USCG Auxiliary Flotilla, and as a member of Immaculate Conception Parish in Ithaca.

The County Attorney is the legal advisor to all county officials and prosecutes and defends civil actions by and against the county. In addition, the County Attorney prosecutes family court cases involving child abuse and neglect, juvenile delinquency and child support violations.

Schuyler and Yates Counties to Share Public Health Director, Expand Shared Services

In a move towards continued cost savings and increased efficiency, Schuyler and Yates counties have adopted resolutions authorizing the sharing of a Public Health Director between the two counties.

At their respective meetings on Monday, August 13, county legislators voted to authorize an Intermunicipal Agreement (IMA) permitting the consolidation of this position within the two counties.

The aim of the project is to work collaboratively while maintaining two distinctive health departments with shared leadership and integrated service delivery. Both departments will be governed by their respective legislatures and/or boards of health.

Yates Chairman Doug Paddock commented “As we continue to seek efficiencies for our residents and taxpayers, this most recent move exemplifies the commitment of both counties towards improving service delivery while lowering costs.”

Schuyler Chairman Dennis Fagan added, “While we continue to struggle with unfunded mandates and their associated escalating costs, it is great to be able to partner with our neighbors to the north, to achieve real savings for our residents.” 

Both Chairs expressed their appreciation to County Attorneys Steven Getman (Schuyler) and Scott Falvey (Yates) for their efforts in crafting an IMA that both Legislatures agreed upon.

The agreement, which now goes to the NYS Department of Health for approval, is in response to the announced retirement of Schuyler Public Health Director Marcia Kasprzyk, and the desire to further collaboration between each county. 

According to Schuyler County Administrator Tim O’Hearn while the combined savings approach $100,000 annually, the move will actually provide increased levels of service as each county shares departmental resources. 

By combining some resources, functions, and staff in their health departments, the two counties provide services that enhance their role as public health facilitators and educators in their respective communities, including:

• ·        Public health education
• ·        Emergency preparedness
• ·        Childhood Early Intervention Programs
• ·        Residential sanitary inspections
• ·        Flu clinics
• ·        Rabies clinics

O’Hearn stated “I commend both Marcia and Deb for their initiative in bringing this recommendation to their respective Legislatures. It is not often in government that such a collaborative and non-parochial approach to administration is achieved and this is a testament to their professionalism and dedication to public health!”

This is the latest shared service initiative between Yates and Schuyler, who currently share a Director of Weights and Measures and Code Enforcement responsibilities.

Both Counties have long recognized that inter-municipal cooperation can help local governments increase effectiveness and efficiency in the delivery of services and is encouraged by the New York State legislature via broad statutory authority.  Here, the counties are taking advantage of legislation passed in 2011 that allows up to three county public health offices in counties with a combined population of less than 150,000 to share staff and services under the management of one public health director.

A County Health Department's mission is to protect and promote the health of its residents through prevention, science and the assurance of quality health care delivery.

Second Chance for $3 Million in E-Waste Recycling Grants

DEC Announces Second Chance for $3 Million in E-Waste Recycling Grants:

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos announced today that a second round of grant funding from the Environmental

Protection Fund (EPF) is being made available to help municipalities across the state address costs associated with the collection and recycling of eligible electronic wastes (e-waste). The recently completed application period in October generated $1.2 million in grant requests, leaving almost $1.8 million available for a second chance opportunity that will be held in January 2017 for municipalities that missed the initial application period. DEC will accept applications for second chance opportunity funding from January 2 through January 31, 2017.

Municipalities may receive reimbursement of up to 50 percent of eligible expenses incurred for recycling of e-waste between April 1, 2016 and March 31, 2017. Application materials, guidance documents, and important information for Electronic Waste Assistance Grants are available on the DEC's website.

NYS Judicial Conduct Commission releases annual report

The New York State Commission on Judicial Conduct has released its 2016 Annual Report, covering activities throughout the calendar year 2015.

The Commission is the disciplinary agency constitutionally designated to review complaints of judicial misconduct in New York State. The Commission's objective is to enforce the obligation of judges to observe high standards of conduct while safeguarding their right to decide cases independently.

The Report is available at here. An accompanying press release is available here.

June 15: the Magna Carta turns 800

Scott Rasmussen:

On Monday, June 15, the Magna Carta turns 800, and it is worthy of great celebration by freedom-loving people everywhere. This is the document that brought about a fundamental rethinking of the relationship between a king and his subjects. Up until that point, English Kings were the law. They could decide who lived and who died and take whatever they wanted.

The Magna Carta changed all that. It established the idea that there is a law that even kings and governments must obey. There could be no taxation without representation and no arbitrary taking of personal property by the government. In short, the Magna Carta was the starting point for all the "unalienable" rights that we now enjoy and led directly over time to our Declaration of Independence and Bill of Rights. In many ways, it was the cornerstone for the idea that we now describe as freedom.

Beware of Fraudulent NYS Attorney General’s Office Debt Collection Notices

New York State officials have issued an alert based on complaints received from consumers who were recently contacted by scam artists posing as an attorney from the New York State Attorney General’s Office.

The consumers received a notice, written on doctored New York State Attorney General letterhead, that claimed to be a “District Court Final Warning” letter. The notice reportedly gives the impression that the Attorney General is investigating the consumer for the failure to pay a past due debt. The letters also threaten criminal action and arrest if the debts are not paid.

The fake notices are reportedly coming as either a paper letter or an email.

The state’s alert comes just one week after consumers reported receiving unsolicited phone calls from a someone posing as an attorney from the New York State Attorney General's Office.

More information, and tips on how to avoid government imposter debt collection scams can be found here.

Court reverses shaken-baby conviction

Democrat and Chronicle (Rochester, NY):

In a ruling that could have statewide significance, a Monroe County Court judge has reversed the 2001 murder conviction of a Greece woman who was accused in the shaken-baby death of a toddler in her care.

In a decision released Tuesday morning, Judge James Piampiano ruled that the science used to convict René Bailey has changed significantly since her trial.

The ruling marks the first time a shaken-baby conviction has been overturned in New York on the basis of changing science. Lawyers have won a handful of reversals in other states in recent years...

"This would be the first time in New York that we have a head-on, squarely-facing decision saying that a major change in the science qualifies as newly discovered evidence," said Bailey's attorney, Adele Bernhard.

The complete decision can be found here.

New York's high court says towns and villages can ban fracking

In a long-awaited decision, the New York State Court of Appeals has upheld the right of towns and villages in the State to ban natural gas drilling, sometimes referred to as "fracking."

Environmental groups are hailing the decision. Others warn that the bans may hurt job growth.

The complete decision is here.

Legal links of interest for the week ending February 28, 2014

Attorney Steven Getman reports on some of the stories about lawyers and the law for the last week of February:

Arizona Religious Bill That Angered Gays Vetoed: The Republican governor said she gave the legislation careful deliberation in talking to her lawyers, citizens, businesses and lawmakers on both sides of the debate.

Calif. student wins $50G in Constitution lawsuit: A California college student who was blocked last year from handing out copies of the Constitution gave his school a lesson in civics and the law, winning a $50,000 settlement and an agreement to revise its speech codes.

Homeland Security wants national database using license-plate scanners: The Department of Homeland Security wants a nationwide database with information from license-plate readers that scan every vehicle crossing their paths, according to a solicitation last week from the agency.

In New Orleans courts, the legal gusher BP cannot contain: the source of much of BP’s ire lies with a legal donnybrook over a settlement designed to compensate individuals and businesses for economic harm caused by the spill. BP alleges that many of the 256,478 claims filed — by a parade of fishermen, hotels, surf shops, law firms, nursing homes, strip clubs and others — are unjustified or even fraudulent.

Justices appear divided over greenhouse gas regulation: this issue could be major test of executive authority, with some groups painting President Obama as misusing his power and ignoring the will of the legislature.

Law professor says US is at “constitutional tipping point”: Jonathan Turley, a law professor at George Washington University, testified before the House Judiciary Committee that the presidential use of executive orders threatens has created “a massive gravitational shift of authority to the Executive Branch that threatens the stability and functionality of our tripartite system.”

Man Framed by Detective Will Get $6.4 Million From New York City After Serving 23 Years for Murder: The comptroller’s quick acceptance of liability in the high-profile conviction is also significant because the case is the first of what is expected to be a series of wrongful conviction claims by men who were sent to prison based on the flawed investigative work of the detective, Louis Scarcella.

For more on each of these stories, click the links above.

Beware holiday shopping scams

Each year, financial crimes investigators and consumer groups see a spike in scams targeting holiday shoppers looking for extra cash and quick deals.

New York State officials have issued a number of tips to avoid getting ripped off during the holidays. They include:

Educate yourself about the pricing of the products you want, to help insure that the “sale” price was not marked up before it was marked down, nullifying the impact of the sale.

Be aware of added fees, such as hidden delivery charges and/or other added costs.

Compare warranty terms to learn what protections you get and the duration of those protections.

Know the terms of a layaway plan, including all charges and the consequences of missing payments.

Check return and refund policies, including whether the store charges a hefty restocking fee for returned items.

Beware of restricted gift cards.

Use caution when taking advantage of social network promotions and be mindful of the websites you visit to avoid malware and phishing sites.

Christmas is one of the most expensive times of year. Don’t let it cost you more than it has to.