The state Legislature is expected to pass legislation that would toughen drunken-driving laws, making it a felony for driving while impaired with a child as a passenger.
The measure would also require people convicted of a DWI in New York, and every person convicted of a DWI-related crime, to have an ignition interlock installed as a condition of their sentence.
Tuesday, November 17, 2009
New DWI Penalties Proposed
Gannett News reports:
Friday, October 30, 2009
NY texting while driving ban starts Sunday
WHAM-TV:
The state-wide ban on texting while driving goes into effect on Sunday....Violators face fines up to $150 if caught using handheld devices or laptops to send or read text messages, images or data while a vehicle is moving.
Monday, October 26, 2009
Ovid Attorneys Work to Preserve Historic Local Courthouse
Gannett News service:
More information on the Friends of the Three Bears can be found here.
Trustees of the Friends of the Three Bears, a nonprofit organization working to preserve and find new uses for the Seneca County courthouse complex in Ovid, have decided to create some new positions to lessen the workload on their president of the past six years, Dan Motill....
Ovid attorney Mark Sinkiewicz has been selected to serve in the newly created position of administrative president. The other duties of president will be spread among other people. Another attorney, Steven Getman ... former Seneca County attorney, has taken over the duties of secretary...
More information on the Friends of the Three Bears can be found here.
Friday, October 23, 2009
State ends first-time home buyer incentive program
As reported here:
A new incentive program offered by New York state to encourage first-time home ownership has halted its application process.
Less than two month after rolling out the Mortgage Credit Certificate program, the state asked its lenders this week to stop taking general applications....The program was meant to bridge a gap for first-time buyers who may have run out of time to qualify for the $8,000 federal tax credit
Monday, October 12, 2009
New York Troopers launch cell phone crackdown on Thruway
More here. As noted in the article, "drivers caught breaking the law face a maximum fine of $100, along with a mandatory $60 surcharge."
Thursday, October 8, 2009
Presentation: Stopping Scam Artists Before They Strike
A representative from the New York State Attorney General's Office will be in Waterloo on Thursday, October 22 at 11:30 a.m. The purpose of the talk is to advise senior citizens on how to stop scam artists.
More details here.
More details here.
Friday, August 28, 2009
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.)
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.)
Monday, August 10, 2009
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.”
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.”
Tuesday, July 21, 2009
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:
Getman suggests that consumers take the following steps to protect themselves against scam companies:
“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.
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.
Monday, July 13, 2009
Seneca-Schuyler Scenic Byway Moving Forward
From the Ithaca Journal:
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.
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.
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