Just in time for Thanksgiving travels, a change in a state law will require all children under 8 years old to sit in a child safety seat or booster seat.
Under the current law, children were required to be in a child seat or booster seat until their 7th birthday. The new law takes effect Tuesday (November 24).
Parents can be fined anywhere between $25 and $100 and receive three points on their license for not following the law.
Tuesday, November 24, 2009
New York Law Puts Some Children Back in Booster Seats
The Post-Standard (Syracuse New York):
Sunday, November 22, 2009
Town of Romulus Now Regulates Puppy Mills
Finger Lakes Times:
ROMULUS — The Town Board has banned so-called puppy mills.
Meeting Nov. 18, members voted unanimously to permanently regulate “inhumane’’ facilities whose purpose is to breed puppies for sale.
The law follows a nearly two-year moratorium on puppy mills.
It requires pet breeders to provide humane housing for dogs and cats and ensure that such animals are treated properly. It provides for periodic inspections and penalties for cruel treatment.
The law was drafted by the town Planning Board, headed by Barry Roach, and attorney Steven Getman.
Tuesday, November 17, 2009
New DWI Penalties Proposed
Gannett News reports:
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.
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.”
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