Family Court E-Filing service expands to Schuyler, Seneca and Yates Counties

More family courts in the Finger Lakes now offer electronic filing (e-filing) for new custody/visitation, guardianship, parentage, paternity and support matters.

According to Schuyler County Attorney Steven Getman, as of Tuesday (January 21) Schuyler, Seneca and Yates counties join sixteen other counties across New York State in offering the service, known as NYS Courts Electronic Filing (“NYSCEF”).

“NYSCEF service permits the filing of legal papers by electronic means with the courts in certain case types,” Getman said. “In an e-filed case, the court and all parties to the action are provided with the same documents as they would receive in a non e-filed case. The difference is that the documents are provided electronically. This avoids the costs and time associated with printing, copying and mailing documents.”

“Expanded e-filing helps lawyers provide better service to their clients. Using technology to submit paperwork saves time, energy and taxpayer dollars,” Getman said. “This is especially helpful for rural communities, such as those in the Finger Lakes, where litigants may find travel difficult or costly and where there may not be enough lawyers,” Getman said.

New York State courts were already using e-filing statewide for many other types of cases, Getman noted. Courts having already instituted e-filing include Supreme Court, Surrogate’s Court and the New York State appellate courts. The federal courts also have their own electronic filing system, available to lawyers and the public, he said.

The court system offers training on how to use the e-filing system for people who do not have an attorney and are representing themselves, Getman said. Training also is available to attorneys and their staff members, he noted.

The New York State Bar Association studied the impact and benefits of e-filing for more than a decade with the most recent report adopted in 2023, which detailed the benefits of an expanded, statewide e-filing system.

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. In that role, his office represents the Department of Social Services and Probation Department in various family court prosecutions, including child abuse and neglect, juvenile delinquency and child support enforcement.

For more information on New York State family court e-filing, including a complete list of counties participating, click here.

Schuyler County solar development on farmland class to be held January 23

Solar development on farmland class to be held in Montour Falls (WETM-TV):

Schuyler County farmers and landowners are invited to an upcoming workshop to learn more about solar development on agricultural lands.

Schuyler County Cornell Cooperative Extension (CCE) and Schuyler County Farm Bureau are hosting a workshop to address critical issues around solar development as it becomes more common for solar panels to be installed on agricultural lands in the Finger Lakes Region. The workshop will educate farmers and landowners about the important issues and teach them the things

they should know before leasing land to solar companies.

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The workshop, which is called “Solar & Ag in Schuyler County: What you need to know,” will start at 9:30 a.m. on Thursday, Jan. 23, and should end by 2:30 p.m. It will take place in the Human Services Complex, located at 323 Owego St. in Montour Falls. Registration is required, and there’s a $15 fee to join. The fee will include lunch.

For more information on factors to consider when leasing land for solar power, see below:

Leasing your land for solar... by Steven Getman

New York Courts’ Equal Justice Initiative Issues Progress Report

The New York State Office of Court Administration has released a report updating the status of the court system’s Equal Justice Initiative.

“Equal Justice in the New York State Courts: 2022 Year in Review,” highlights the court system’s statewide efforts over the past year "to promote diversity and inclusiveness on the bench and in the courts’ workforce and foster a safe, welcoming and bias-free environment."

Initiatives highlighted in the March 8 report include:

▪ Mandating comprehensive racial bias training for all judges and nonjudicial staff.
▪ Expanding the resources of the court system’s Office of Diversity and Inclusion (ODI).
▪ Revising human resources and interview practices.
▪ Creating Equal Justice Committees in each of the court system’s 13 judicial districts to implement reforms at the local level.
▪ Developing a bench card for judges, with tips on using LGBTQ+-inclusive language and pronouns.
▪ Expanding Virtual Court Access Network (VCAN) sites to help bridge the digital divide by providing remote access to courts in locations such as libraries, houses of worship and community centers.
▪ Appointing a Statewide Equal Justice Coordinator.

The full report is available online 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.

Martin Luther King, Jr. 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 year, new laws: Legal changes affecting New Yorkers

Nexstar Media Inc. reports on a number of changes to legislation look out for in 2023:

• Social Security payments get a boost: About 70 million Americans can expect to see an increase in their monthly Social Security benefits and Supplemental Security Income (SSI) for 2023.
• Minimum wage is going up: Minimum wage will be jumping to $14.20 — up a dollar from $13.20 — for most upstate workers.
• New York’s Paid Family Leave Law is expanding: Federally, 1993’s Family and Medical Leave Act gives workers the right to take twelve unpaid workweeks off for a birth or adoption, for a serious health condition, or to care for a seriously ill spouse, child, or parent. 2023 brings siblings into the mix.
• E-waste recycling is getting cheaper: Starting January 1, most manufacturers who make or sell their own tech in New York State will now have to provide and pay for “free and convenient” e-waste recycling for New Yorker

Other changes going into effect include:

• New York Collegiate Athletic Participation Compensation Act: College athletes can receive compensation for the use of their name, image, and likeness without the risk of having to give up their scholarships or eligibility.
• Telemarketing calls: This new law requires telemarketers to give customers the option to be added to their do-not-call list immediately after the telemarketer says their name and company.
• Lactation rooms in airports: The new law requires airports to provide a nursing space for breastfeeding mothers.
• Electric Vehicle Rights Act: Prohibits homeowners’ associations from preventing homeowners from installing EV charging stations on their properties.
• Pedestrian and bicyclist safety: This law requires new drivers to learn about pedestrian and bicyclist safety awareness as part of their pre-licensing course.
• Polling places: This law allows registered voters to cast their ballot at the wrong polling place as long as they are in the correct county and State Assembly district.
• Brianna’s Law: Beginning January 1, 2023, those born on or after January 1, 1983 need the boating safety certificate to operate mechanically propelled boats.

Schuyler County Receives $22K in Federal PILT Funds

Finger Lakes Daily News:

Schuyler County has received $22,141.00 from the U.S. Department of the Interior under the 2022 Payments in Lieu of Taxes (PILT) program, county officials announced Tuesday.

Notice of the Award was received by Schuyler County Attorney Steven Getman on Monday (June 27). According to Getman, PILT payments are made for tax-exempt federal lands administered by the Department’s agencies, including the Bureau of Land Management, U.S. Fish and Wildlife Service and the U.S. Forest Service.

That includes the Finger Lakes National Forest, located in both Schuyler and Seneca Counties, Getman said.

“PILT seeks to compensate local governments for the inability to collect property taxes on federally owned land,” Getman explained. “It’s a recognition that local governments provide significant support for national parks, wildlife refuges, and recreation areas.”

According to County Administrator Fonda Chronis, the funds can be used for essential local government services, such as emergency services, transportation infrastructure, law enforcement and health care.

“This program is an important example of how the federal government can act as a good neighbor to the county and help local governments carry out vital services,” Chronis said.

“The Schuyler County Legislature remains committed to utilizing revenue from every source to offset burdens on local taxpayers,” he added.

Schuyler County Treasurer Holley Sokolowski noted that the amount paid was approximately ten percent more than the previous year.

“It was also the highest amount received this year by any county upstate, with only Dutchess and New York Counties receiving higher awards,” Sokolowski said.

More new laws in New York: Governor signs bills affecting prisons, youthful offender designation after sentencing

Governor Kathy Hochul has signed bills into law related to criminal justice:

• L 2021, ch 570: Amends the Correction Law to prohibit “double-bunked housing,” “the practice of inmate housing where bunk beds are used in a dormitory setting, with inmates residing in an open space and sleeping on bunk beds.” (Effective Feb. 1, 2022).
• L 2021, ch 557: Establishes a nine-member Commission on Prison Education “to study and develop a plan for improving education in state prisons.” (Effective Nov. 3, 2021).
• L 2021, ch 552: Provides eligible youth with an added opportunity to be designated youthful offenders, by allowing a defendant to seek review five years after sentence was imposed or the individual’s release from incarceration, whichever is later. (Effective Nov. 2, 2021).

The intent of L 2021, ch 570, seems somewhat undercut by the Governor's recent decision to close six prisons.

For more on these new laws, click the links above.

Schuyler County Opposes Hochul Prison Closures

The Schuyler County Legislature has come out against what it called Gov. Kathy Hochul’s “abrupt, secretive and unsafe” prison closures on public safety, economic and environmental grounds.

Meeting in special session on Monday (November 15, 2021), the legislature voted unanimously to enact a resolution opposing the planned closure of six prisons across the state by March of next year: Ogdensburg Correctional Facility; Moriah Shock Incarceration Correctional Facility; Willard Drug Treatment Campus; Southport Correctional Facility; Downstate Correctional Facility and Rochester Correctional Facility.

The resolution, drafted for the legislature by County Attorney Steven Getman at the request of Legislator Phil Barnes (R-Watkins Glen) and Chairman Carl Blowers (R-Montour Falls), noted that two of prisons, Southport and Willard, were located in adjoining Chemung and Seneca counties and provided jobs to Schuyler County residents.

“Governor Hochul’s decision impacts hundreds of area correctional officers and prison staff, and means uprooting hundreds of area families and a devastating toll on already hard-hit local economies,” the legislature noted.

Further, the resolution stated, the closure of Willard threatened to “prevent or delay necessary upgrades to the wastewater treatment facilities for Seneca County Sewer District No. 1, which serves (the) Campus as well as Sampson State Park, commercial and residential properties in the hamlet of Willard, the villages of Ovid and Lodi, and users along the east shore of Seneca Lake… potentially endangering the Seneca Lake watershed.”

Finally, the document noted that the state “has recently invested $20 million into operations at Southport, implementing a step-down program to work with the most violent inmates in the state’s prison system to get them ready for reintegration into the general prison population.”

Based on the above, the legislature said it “stands with our brave New York State Corrections Officers, as well as with corrections support staff and their families, whose lives will be devastated by this decision, and other area residents along Seneca Lake and otherwise, and calls for this decision to be reconsidered and reversed immediately.”

At the legislature’s direction, copies of the resolution will be sent by Legislative Clerk Stacy Husted to the Governor, the Acting Commissioner of the Department of Corrections, various other state officials and the legislatures of the adjoining counties, among others.

A complete copy of the draft resolution is available here.

Second Amendment Legal Update: November, 2021

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 PDF copy of this month's update, click here.

Town of Ovid approves Public Health Emergency Continuation of Operations Protocol

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

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

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

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

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

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

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

Second Amendment Legal Update: March, 2021

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 PDF copy of this month's update, click 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 summaries on aging and disability law released

The Government Law Center at Albany Law School has released two new publications in its "explainer" series on Aging and Disability Law for state and local policy makers:

• “Adult Protective Services – Autonomy Versus Protection”
• “Guardianship for Adults with Developmental Disabilities in New York.”

A news release from the center explains:

“These explainers provide accessible information about the legal protections for vulnerable older adults and individuals with disabilities, two groups making up a significant part of our communities. It’s something that touches us all, because it’s very likely someone we are close to falls into one of these groups….Throughout its history, the Government Law Center has focused on providing law and policy makers with options for reforming existing laws and designing new ones. Our Aging and Disability Law explainer series is our latest contribution to helping meet the needs of this growing and diverse population.”

Prior summaries released were:

• “Healthcare Proxies: Appointing People with the Power to Make Healthcare Decisions for Others."
• “‘Act Now’ Healthcare Proxies.”
• “Hospital Ethics Committees.“
• “The New York State Justice Center for the Protection of People with Special Needs.”

For more on these publications and the Government Law Center, click here.

Schuyler County announces rabies clinic for cats and ferrets

Please see attached the flyer for our next rabies clinic being held September 1st from 6-7 pm at the Shared Services Building in Watkins Glen. The clinic is for cats and ferrets only. Registration is required by August 28th.

Add caption

Schuyler County offers Medicare 101 classes

This class will be held virtually, in a Zoom classroom setting. For more information, or to register, please contact the Schuyler County Office for the Aging.

Public Notice: Transfer Station Tickets Price Increase, Town of Ovid, Seneca County, New York

Public Notice: Transfer Station Tickets Price Increase

Effective August 1, 2020, the Ovid Transfer Station Tickets will cost $4.00. This measure is directly related to the Town’s increased costs.

Tickets purchased prior to August 1st will still be honored. Businesses will continue to sell the tickets, until July 31st or until their supply is gone.

As of August 1st, tickets will only be sold at the Clerk’s Offices in Ovid, Romulus, and Covert.

The Transfer Station accepts checks, if you are unable to purchase tickets.

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

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

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

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

US Supreme Court Decides Kansas v Glover

On Monday (April 6) the United States Supreme Court, by a vote of 8-1, held that reasonable suspicion for a vehicle stop exists where the officer is informed that the registered owner of the suspect vehicle has a suspended driver's license. 

In its opinion, the Court reaffirmed its decision in United States v. Cortez (1981) holding that for an officer to initiate a brief investigative traffic stop "a particularized and objective basis for suspecting the particular person stopped of criminal activity" is required.

Second Amendment Legal Update February, 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.

Second Amendment Legal Update February, 2020 by Steven Getman on Scribd