Carbon-monoxide detectors now mandatory in New York

Gannett News Service:

Starting Monday, a new law will go into effect requiring carbon-monoxide detectors in nearly all New York ... residences.

Previously, the devices were only required in homes built after 2002.

The law does not require detectors in houses that have only combustion-free appliances, like an electric furnace or stove. Residences built after 2008 must have a permanent detector hard-wired in.

Your Right to Remain Silent

A law school professor and former criminal defense attorney tells you why you should never agree to be interviewed by the police:

It's not a short video (it is about forty-five minutes long) but it does an excellent job explaining the fundamentals of the Constitutional Right to Remain Silent under the Fifth Amendment.

Craigslist Internet house-rental scam making the rounds in area

From the Ithaca Journal:

[T]he scammers cull real estate Web sites, replicate home sale ads and post them to Craigslist -- with their own e-mail address -- under housing rentals without Craigslist's knowledge.

The scammers sometimes ask for credit and work histories and Social Security numbers, which are used to commit identity fraud. Craigslist was notified, the FBI added, cautioning renters to deal only with local landlords, be wary if asked to only use a wire-transfer service, be suspicious of e-mails written in poor or broken English, be wary of ads with rental prices significantly lower than the average area rates, and to not reveal personal data like Social Security, bank account, or credit card numbers.

Police are investigating a recent case involving Seneca and Tompkins Counties:

The crime involved an Ithaca house advertised for rent, with pictures, on Craigslist, the victim said. He and his fiancée went to the address, saw that it matched the pictures and was vacant, and expressed interest via the e-mail address listed in the ad.

According to the victim's account, a man claiming to be the owner replied, saying that he and his wife belonged to a local church, were working as missionaries in Nigeria and needed tenants to house-sit. The man gave him his and his wife's names.

They spoke on the phone and he agreed to send a $1,166 security deposit via Western Union, and the man gave a FedEx tracking number and promised to send the keys. He sent the money Saturday, but when he went to the house again, he found a man and woman moving in.

When he called the man back, the scammer made excuses and tried to say the other couple was actually moving out. The victim reported the crime to the Seneca County Sheriff's Office, which is turning the case over to the Ithaca Police Department.

Any one who believes he or she was the victim of an internet scam should make sure to contact law enforcement and, if appropriate, an attorney of their own choosing to review their legal rights.

Tally in for southern Seneca red kettle drive

From the Ithaca Journal:

volunteers invested 162 hours in raising a record $1,539.53 at Ovid's Big M ($787.50), the Ovid McDonald's ($395.44), the Ovid post office ($230.66) and the Interlaken post office, ($125.87)...[the fundraisers included]Janie Nusser, school district superintendent, and attorney Mark Sinkiewicz, of Ovid, president of the board of education. Another attorney on duty was Steven Getman of Interlaken.

Charity Watch lists The Salvation Army among its most trustworthy charities. According to the site, "Groups included on the Top-Rated list generally spend 75% or more of their budgets on programs, spend $25 or less to raise $100 in public support, do not hold excessive assets in reserve, and receive "open-book" status for disclosure of basic financial information and documents to AIP."

I am honored to be allowed to participate in this annual fundraising event and urge others to join us in raising funds during next year's event.

Beware of phony earthquake relief appeals

The tragedy in Haiti has resulted in an outpouring of sympathy and charitable giving to the victims of the earthquake. Unfortunately, not every request for assistance is coming from a reputable relief organization. Some solicitations are from scam artists.

Here are some tips from Charity Navigator and the Better Business Bureau for people who want to make donations:

*Avoid newly formed charities and give to an established charity that has worked in Haiti. Find a charity with a proven track record of success in providing disaster relief and one that has worked in Haiti. You can find a list of highly-rated charities on Charity Navigator’s Web site. You can also research charities on the Web sites of these organizations: Better Business Bureau, American Institute of Philanthropy and Guidestar.

*Do not give to the Haitian government. Haiti is known to be a corrupt country.

*Designate your donation. With disaster related giving, you should specify that you want your donation used only to respond to this particular crisis, rather than letting the charity spend the money as it sees fit.

*Be leery of people contacting you via e-mail claiming to be a victim. Unless you personally know someone in Haiti, anyone alleging to be in this situation is most likely part of a scam.

*Avoid telemarketers. Hang up the phone, do your homework and give directly to a charity.

*Find out if the charity is providing direct aid or raising money for other groups. Some charities may be raising money to pass along to relief organizations. If so, you may want to consider “avoiding the middleman” and give directly to charities that have a presence in the region.

New Laws for the New Year

Approximately one dozen new laws took effect January 1 in New York State. These laws include the following:

# S.66026/ A.40026: Provides retirement benefits for new entrants to certain public retirement systems;
# S.5472-A/A.8402-A: Enhances consumer and provider protections by instituting a series of managed care reforms through limitations on denial of claims for pre-authorized health care services; relates to grievance procedures; relates to managed care health insurance contracts; relates to determinations involving urgent care by utilization review agents.
# S.8376-A/A.11752: Relates to identity theft, protection of sensitive personal information, employee personal identifying information and crime of unlawful possession of a skimmer device.
# S.8715/A.11759: Establishes clear rules for determining when livery drivers in New York City, Westchester and Nassau Counties are employees or independent contractors of livery bases, and creates a fund to give independent contractor livery drivers workers’ compensation benefits in certain circumstances where no-fault automobile insurance does not provide any or sufficient coverage.
# S.2810/A.1001: Authorizes the use of titles, initials or abbreviations of names as signatures on absentee ballots.
# S.56-B /A.156-B: Enacts Part QQ, Sections 1 and 2: To amend the workers’ compensation law, in relation to calculation of assessments.
# S.57-B/A.157-B: Enacts Part Z, Sections 2-a and 3-a: To amend the social service law, in relation to the pass-through, disregard and assignment of support for persons applying for or in receipt of public assistance, and collection of a twenty-five dollar annual service fee for child support enforcement services furnished to certain persons receiving such services.
# S.58-B/A.158-B: Enacts Part C, Section 27: To amend the public health law, in relation to payment by governmental agencies for general hospital inpatient services,
# S.522/A.1559: Requires a board of elections in a city of over one million to provide the same information in Russian that it provides in languages other than English.
# S.3330/A.8088: Adds providers of voice over internet protocol service (VOIP) to current standards.
# S.4135-A/A.6718-B: Removes excess barriers to dental residencies and permit dental residents to take the mandated dental ethics training course during the period of their residency.
# S.8122/A.10979: Exempts State-chartered credit unions from the special additional mortgage recording tax

The full text of each law may be found here.

If you believe that any of these laws may impact you or your business, you may wish to contact an attorney to review the legislation and advise you as to your responsibilities and rights under the statute.

New DWI Laws Take Effect Friday

From Gannett News:

Tougher laws on drunk drivers who have a child in the car are set to take effect Friday.

The new law, known as Leandra's Law, makes it a felony to drive with a blood-alcohol level greater than .08 and a passenger in the car under the age of 16. A first offense will carry a potential prison sentence of up to four years; up to 15 years if a child passenger is seriously injured; and up to 25 years if a child is killed....

The law also requires drivers charged with drunk driving with a child in the car to surrender their licenses pending prosecution. And if convicted, an ignition-interlock system must be installed in the car for at least six months. The system requires a clean Breathalyzer test to start the car. On Aug. 15, the law will expand to require the system for any driver convicted of misdemeanor or felony DWI.

Search for Unclaimed Cash

Many New Yorkers have unclaimed property. This property could include utility deposits, forgotten bank accounts and insurance benefits.

Click here for a useful site to find unclaimed property that belongs to you. Just click on your state and enter your name. You’ll get a list of unclaimed property that might be yours. You’ll also find information on claiming it.

New York Law Puts Some Children Back in Booster Seats

The Post-Standard (Syracuse New York):

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.

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.