Village Refusal to Release Records to Child's Attorney Questioned

WATKINS GLEN (AUGUST 28)--The New York State Committee on Open Government has called into question a decision by Watkins Glen officials to deny a child’s attorney access to police reports involving that child's home.

According to attorney Steven Getman he requested the records June 12 as part of his preparation for a Family Court case involving the child’s home life. As part of that preparation, Getman said, he learned about a suspected break-in at the child’s residence and sought Village Police records about the incident to determine its relevance to the case.

At the time he made the request, Getman said, he presented the police with a copy of an order from the Schuyler County Family Court. That order, Getman noted, directed any agency having information about the child to provide him with copies. Getman also cited the New York State Freedom of Information Law (FOIL) in his request.

On June 29 police officials issued a decision refusing to release any records. According to the one-sentence decision the FOIL request was “Denied: Ongoing Investigation.” Later, in a July 16 letter, village officials again upheld the refusal, claiming that “no part of the records” Getman requested were available under FOIL.

Getman forwarded that letter, and his original applications, to the New York State Committee on Open Government and requested that it issue an advisory opinion on the Village’s refusal.

In a letter dated August 24, Robert Freeman, the committee’s Executive Director, encouraged the village to reconsider its actions. Noting that Getman, as attorney for the child, was acting as the child’s “law guardian,” Freeman opined that this appointment was “to ensure that the best interests of [the] child are … met.” He also noted that the Family Court order directing agencies to provide Getman with information about the child was “clear and unequivocal.”

“In an effort to encourage the Village to reconsider its blanket denial of your request, copies of this opinion will be forwarded to Village officials,” Freeman wrote.

As of August 28, Getman said he still hadn’t received any of the requested records. However, given the Committee’s advice, Getman hoped that the Village would respond and provide them shortly, or give a valid explanation as to why the records were withheld.

(UPDATE: On September 2, attorneys for the Village contacted Getman and stated that they were working with the Police Department to release the appropriate records.)

New Laws to Effect Divorcing Parties’ Rights

Attorney Steven Getman is reminding New Yorkers that three laws will take effect this fall that directly impact matrimonial actions in that state.

Effective September 1, the Domestic Relations Law will provide for automatic stays whenever a matrimonial action is filed. According to Getman, these automatic stays are designed to prevent parties from transferring, disposing of or borrowing against assets “except in the usual course of business or for customary or usual household expenses, or for reasonable attorney's fees in connection with [the] action.” They also prohibit a divorcing spouse from removing the other party or the children from any existing medical, hospital and dental insurance coverage.

“The intent of this legislation is to preserve the status quo during a matrimonial proceeding.” Getman explained.

In addition, Getman said, under the new laws, courts must take additional steps to insure that both parties are notified as to the possible effects of a divorce on the right of each spouse to be covered by the other’s health insurance plan. That provision takes effect October 9.

Finally, the law has been amended to add the loss of health insurance coverage to the statutory factors a court must consider in making an award of Equitable Distribution and/or spousal maintenance, Getman noted. This measure is effective Sept. 26, 2009.

“These significant changes, effective in September and October, will directly impact on the rights of couples divorcing in New York State,” Getman said.

“Therefore, anyone contemplating dissolving their marriage should make sure to discuss these changes, and other legal issues related to separation and divorce with a qualified matrimonial attorney of their own choosing.”

Attorney Warns: Beware Of Asphalt Paving Scams

Attorney Steven Getman is warning area residents to beware of scams concerning asphalt paving and driveway sealing.

The scams crop up every summer and follow a similar pattern, Getman said.

“Homeowners or merchants will be approached by a paving company rep making a cold call to say he's got asphalt left over from another job, and offering patchwork repairs at a low price,” Getman explained.

However, once an oral agreement is struck the pavers will commence to refinish the entire driveway or parking lot, and then present the victim with an exorbitant bill.

Sometimes when victims balk at paying, they are intimidated and threatened, police said.

Other times, the scammers offer a lifetime guarantee, but often the quality of the material used and application is inferior, and the work begins to crack quickly.

“Unfortunately, the paving crew is long gone by the time you discover you have a problem,” Getman said. “It may cost you more to redo the driveway after that.”

According to Getman, methods used by disreputable paving contractors can include:

• Little or no preparation work.
• Using cheap material
• Not using enough material
• Using untrained or inexperienced employees
• No way to contact them for repairs or follow up
• Intimidation or threatening of clients

Getman suggests that consumers take the following steps to protect themselves against scam companies:

• Contact the Better Business Bureau (BBB) for any complaints.
• Ask for local references and verify that the contractor is in compliance with local licensing, bonding and insuring requirements.
• Ask for identification and make note of the license plate number on the contractor vehicle.
• Solicit two or three bids for the work you are planning, but don't automatically accept the lowest.
• Make sure all bids are based on the same materials.
• Read all agreements and guarantees before signing.
• Make sure you understand all terms and conditions.
• Never sign a contract with sections left blank.
• Do not pay for work in advance. Pay by check when the work is completed to your satisfaction.

“There are plenty of quality local contractors in our area, so be wary of transient pavers,” commented Getman.

Getman recommends that anyone who's had contact with what they believe to be a fraudulent paving company to contact their local police department and/or a competent attorney to review their legal rights.

Seneca-Schuyler Scenic Byway Moving Forward

From the Ithaca Journal:

People working on the nomination packet proposing a scenic byway designation for a 19-mile sector of state Route 414 are hoping their goal is in sight.

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The nomination packet, all 190 pages compiled over a period of nearly seven years, was forwarded to state Department of Transportation officials in Hornell in February for their consideration.

If the packet gets the green light, it will go to the state's Scenic Byway Advisory Committee for further consideration, possibly in September. Next in line, unless changes are recommended, is the state Legislature and finally the governor.

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Scenic highways are those with unusual scenic, recreational, cultural or historic significance that are managed to encourage economic development through tourism and recreation.

There are more than 2,600 miles of scenic highways in New York state.

The section they are working on runs from Lodi in Seneca County south to Watkins Glen in Schuyler County.

Heading the local byway committee is chairman Barry O'Neill of Lodi.

[Chris] Kimball-Peterson of Hector is treasurer. Victoria Kelly, also of Hector, is secretary. A board of directors consist of Bruce Adams and George Kellogg, both of Hector, and attorney Steven Getman

I am happy to be involved in such a worthy cause. For anyone interested in more information, or to support this project, please click here.

Beware These Online Scams

Nine Nasty Online Scams You Need to Be Aware Of:

1. Asian Invasion: The "Asian Extortion Scam" targets business owners, mostly of Asian decent, with death threats and other violence. Scammers pluck personal information about their targets from online searches and use the sensitive data to make victims feel vulnerable. The extortionists, who appear to be calling from outside the U.S., generally demand between $10,000 and $30,000 — though the FBI says there have been no reports of actual violence stemming from the schemes.

2. Mystery Shopping Scam: Some companies pay "mystery shoppers" to act as sample customers and test out the service at stores, banks and restaurants. But scammers are now targeting stay-at-home moms with "opportunities" to be defrauded of thousands of dollars. Victims receive a letter in the mail from a company offering about $400 for shopping at a few stores, along with a check for thousands of dollars to fund the purchases. The victim deposits the check into their back account, stops by a few stores and is then asked to wire about $2,000 back to the company. But when the original check bounces, victims are out the $2,000 they wired back — plus all the money they spent to go shopping.

3. Hit Man Scam: In the Hit Man e-mail scheme, scammers send letters claiming that the boyfriend, girlfriend or spouse of the recipient has arranged for their death. Another version says a loved one will be kidnapped unless an advance ransom is paid out immediately, naming specific relatives (information found courtesy of ... more online searches). [S]ome recipients feel anxious when the sender names their loved ones, which can make them more apt to believe the threat is authentic.

4. Million Dollar Scam: If you're offered a shot on the "Oprah Millionaire Contest Show," you're not going to be the lucky winner of $1 million — you're the target of a new scam. In order to participate, recipients of the scam e-mail must first send their contact information and are required to buy airfare and a ticket to the show in advance. Victims are later asked to fill out questionnaires seeking detailed personal information, which can put them at risk for identity theft. Other scammers have been mailing counterfeit checks with a letter that claims recipients they have won the "Oprah Show Summer Sweepstakes" — a contest that ended in 2006.

5. Grandparents Scam: "Hi grandma, it's your favorite grandson," says a scammer on the line. "Tommy, is that you?" "Yes, grandma, it's Tommy. Listen, my wallet was just stolen and I've lost all of my money. Do you think you could send me some to make it through the end of the month?" Unsuspecting victims, momentarily confused or suffering from hearing loss, go along with the story and wire money out — up to $15,000 in the case of one giving grandmother who thought she was sending $15,000 to help cover an auto accident, according to the Better Business Bureau.

6. Military Wheels: People posing as U.S. troops have been posting to classifieds Web sites offering cars on the cheap that they have to sell quickly before being deployed to Afghanistan or Iraq. The scams typically claim there is a third-party protection program to ensure a safe transaction, but when payments are sent to the "secure" service, victims either don't receive the car, or get stolen vehicles or ones with a salvaged title.

7. Jury Scam: Victims of the Jury Scam get an e-mail containing a fake subpoena ordering recipients to testify before a grand jury, complete with seemingly genuine details like your name, a case number and court seal. But the e-mails contain malware that can ruin a computer. Another version of the scam involves a phone call in which the caller claims to be a jury coordinator and intimidates victims into revealing personal information. Once the caller gets a victim's Social Security Number and birth date, it's all over.

8. Border Bust: Spam claiming to be from a former assistant commissioner of U.S. Customs and Border Patrol says a foreign diplomat has been stopped with a consignment of thousands or even millions of dollars, which was found to be an inheritance for the recipient. Victims who get drawn in receive more e-mails claiming it is a crime to carry the consignment into the U.S., and demands personal information and a $250 fee to prove the recipient was not involved in a terrorist act. If they fail to do so, the spammers tell their victims they are proving they intended to smuggle the money into the U.S., which is a federal offense. Victims never receive a dime but will continue to get e-mails demanding more money for fees in connection with getting their "inheritance."

9. FBI Scams: The FBI says there have been "tons of complaints" about e-mails from people claiming to be FBI agents. Some appear to be from the Internet Crime Complaint Center and say the recipient has extorted money and must refund the money or face prosecution. Others, from the non-existent Anti-Terrorist and Monetary Crimes Division, inform recipients that they are the beneficiary of millions in inheritance. To claim the money, recipients must supply their full name, address and bank account number. Scammers even incorporate the names of top FBI executives into their e-mails by reading authentic FBI press releases, lending an air of credibility.

Don't fall for online tricks. These scams can cause you to lose large sums of money and result in "identity theft." If something sounds too good to be true, it almost always is. If you see an email that looks like a scam, don't hesitate to contact local law enforcement or seek the advice of a competent attorney.

Reminder: New Power of Attorney Law Takes Effect September 1

Effective September 1, new laws are in effect for powers of attorney. These requirements include:

• New rules for giving power of attorney and for serving as an agent or “attorney in fact.”
• Some power of attorney forms will no longer be valid after the effective date.
• Some of these changes affect existing powers of attorney.

More on the new laws can be found here. These changes may make obtaining or giving a power of attorney after September 1 more complicated--and expensive.

Please make sure that your power of attorney and your agent are in compliance with this new law. Speak to an attorney to protect your rights before the September 1 deadline.

Divorce packet forms updated

From the New York Daily Record:

The New York State court system recently updated the forms for its free “Divorce Packet” to reflect statutory changes that address medical insurance and domestic violence issues.

The revised forms and instructions can be found here.

Town Board rules in SPCA’s favor

From the Finger Lakes Times:

The [Fayette] Town Board has overruled the town Planning Board, determining that the Seneca County Society for the Prevention of Cruelty to Animals is not violating town zoning code.

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The Town Board approved a motion 4-0 saying the SPCA was “grandfathered” in under the current town code and can continue operating.

“We are convinced that the rules were followed and were properly interpreted, so this is the best resolution,” said Edward Barto, town supervisor.

Jenny McWhorter and Stephen Webb have operated the SPCA for the past six years on Webb’s property.

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“This is such a load off our minds,” McWhorter said of the Town Board’s decision. “We were worried that the outstanding zoning issue would hurt our mission and damage our fundraising.”

She said she was grateful to the board and Town Attorney Stephen Ricci for reviewing the matter with SPCA attorney Steven Getman of Ovid.

Getman, who did not charge for his services, was also pleased.

“It was always our position that the shelter was operating legally,” he said. “Not only was it there before the current town zoning code was adopted, but as a duly incorporated SPCA, [it] serves a valid, public purpose in promoting animal welfare.”

NY court: Police need warrants for GPS trackers

From the Associated Press:

New York’s top court says police cannot place GPS trackers on suspects’ vehicles without first getting a court warrant showing probable cause the drivers are up to no good.

The Court of Appeals [held] the tracker state police planted on Scott Weaver’s van for 65 days in 2005 violated his constitutional protections against unreasonable searches.

Weaver was convicted of burglary based in part on GPS data that showed him in a suburban Albany department store parking lot before a break-in. He will get a new trial with that information excluded.

Read the whole decision here.

Attorney Opposes Joint Trials as Prejudicial to His Client

From the Finger Lakes Times (May 6, 2009):

The Seneca County District Attorney’s Office wants to try siblings William, Stephanie, Justin and Brandon Meacham of Seneca Falls and Angela Wheeler of Waterloo together, along with Marvin Snyder of Seneca Falls, Stephanie Meacham’s boyfriend.

During Monday’s court session, lawyers for Brandon and Justin Meacham did not object to consolidating the trials.

But lawyers for the other defendants did, saying a consolidated trial would hurt their clients, whom they claim have different issues and defenses that merit separate trials.

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Steven Getman, Wheeler’s lawyer, said his client has no prior criminal record. He said statements her brother, William, made to police are vague about her involvement and could be prejudicial.

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Getman said the fact that some attorneys oppose consolidation and others don’t shows there are conflicting defenses.

“That itself seems to show why a joint trial could be unduly prejudicial,” he said.