New York State enacted legislation today (July 18, 2012) that allows the creation of charitable organizations which could post up to $2,000 in bail for low-income defendants charged with misdemeanor crimes.
The law allows a new type of entity, charitable bail organizations, to function with fewer requirements but still under the oversight and regulation of the Department of Financial Services. Previously, organizations that posted bail on behalf of a defendant had to meet the state law requirements designed to regulate for-profit corporations engaged full-time in the bail bond business.
Charitable bond organizations will be required to register as a 501(c) (3) organization and may not charge a premium or fee for their services.
The law takes effect in 90 days.
More on the new law can be found here.
Wednesday, July 18, 2012
Wednesday, July 11, 2012
Ovid Attorney Steven Getman Requested to Draft Fracking Moratorium
Ovid Gazette:
[Ovid Town Supervisor] Prouty opened the floor for discussion of hydro-fracking....
Discussion moved to the topic of a moratorium amongst the town board members. To the surprise and praise of the remaining members of the audience, a motion was made and approved to ask the town attorney (Steven Getman) to prepare a draft document for presentation at the July meeting...
Content that the Town of Ovid board was researching the possibility of applying for a hydro-fracking moratorium while they continued to get their ducks in a row, the public left quietly with smiles on their faces. The meeting adjourned at 8:05 p.m.
The next meeting of the Ovid Town Board will be July 11, 2012, at 7 p.m.
Sunday, July 8, 2012
Governor Cuomo signs law approving Ovid-Lodi Court consolidation
Finger Lakes Daily News:
More on the court consolidation process here
Governor Andrew Cuomo has signed off on a measure that will consolidate the Ovid and Lodi town courts after the first of the year. Following a study this spring ... each town approved doing away with separate judges and provide for the election of a single justice in November to a 4 year term. It's expected that judge would operate out of the Lodi Town Municipal building.
The Town of Ovid position has been vacant since the death of Town Justice Wayne Ewing in December.
More on the court consolidation process here
Wednesday, June 20, 2012
Energy Company To Allow Upstate New York Landowners To Renegotiate Natural Gas Leases
Following an investigation by New York State, Chesapeake Appalachia, L.L.C. will allow over 4,400 landowners who were locked into potentially unfavorable natural gas leases the opportunity to renegotiate with the energy company.
Chesapeake is does business in upstate New York for natural gas exploration and extraction from lands in the area.
As part of the June 14 agreement, Chesapeake has agreed that landowners with leases that were extended because of the Department of Environmental Conservation's (DEC) environmental review into high-volume hydraulic fracturing, or "fracking," have the right to negotiate leases with other gas companies for more favorable terms.
The agreement includes leases that have expired or will expire prior to December 31, 2013.
Chesapeake had tried to extend the leases in 2009, claiming the state’s environmental review on shale gas development constituted an uncontrollable event that allows for a lease extension if an “act of god” or unforeseen circumstance prevents drilling.
The June 14 agreement allows landowners, who were under Chesapeake's force majeure contract claims, to be released.
In addition to the state’s review, a number of local communities in New York State have adopted moratoriums, temporarily prohibiting the practice in their towns, until a full environmental or zoning review is completed.
Supporters of fracking see the potential for energy independence, new jobs and potential income for landowners. Opponents fear the process could cause environmental catastrophe.
Chesapeake admitted no wrongdoing as part of the settlement.
Chesapeake is does business in upstate New York for natural gas exploration and extraction from lands in the area.
As part of the June 14 agreement, Chesapeake has agreed that landowners with leases that were extended because of the Department of Environmental Conservation's (DEC) environmental review into high-volume hydraulic fracturing, or "fracking," have the right to negotiate leases with other gas companies for more favorable terms.
The agreement includes leases that have expired or will expire prior to December 31, 2013.
Chesapeake had tried to extend the leases in 2009, claiming the state’s environmental review on shale gas development constituted an uncontrollable event that allows for a lease extension if an “act of god” or unforeseen circumstance prevents drilling.
The June 14 agreement allows landowners, who were under Chesapeake's force majeure contract claims, to be released.
In addition to the state’s review, a number of local communities in New York State have adopted moratoriums, temporarily prohibiting the practice in their towns, until a full environmental or zoning review is completed.
Supporters of fracking see the potential for energy independence, new jobs and potential income for landowners. Opponents fear the process could cause environmental catastrophe.
Chesapeake admitted no wrongdoing as part of the settlement.
Wednesday, June 13, 2012
New York bill to protect against out of state robocalls
New York State residents may soon have new safeguards against intrusive telemarketing calls.
The New York State Senate gave final legislative passage on Wednesday (June 13) to a bill that protects New Yorkers from unwanted telemarketing practices. The bill regulates all telemarketers who do business in New York, wherever they may be located, and adds new consumer protections from telemarketers’ robocalls. The legislation has also passed the state assembly.
The bill creates new regulations for out of state telemarketers who call New York residents. Previously, out of state telemarketers could continue to do business in the state and not be subject to civil and criminal penalties established for violations of the state’s existing law.
The legislation would also prohibit prerecorded telemarketing calls, also known as robocalls, without the recipient's express written consent, and require that prerecorded calls provide an opt-out mechanism to allow recipients to automatically add their phone number to the telemarketer's do-not-call list and then terminate the call.
The bill will be sent to Governor Andrew Cuomo. In a written statement, Cuomo appeared to support the bill, saying that the legislation was a “big win for the people of New York State.”
The complete text of the proposed law can be found here.
The New York State Senate gave final legislative passage on Wednesday (June 13) to a bill that protects New Yorkers from unwanted telemarketing practices. The bill regulates all telemarketers who do business in New York, wherever they may be located, and adds new consumer protections from telemarketers’ robocalls. The legislation has also passed the state assembly.
The bill creates new regulations for out of state telemarketers who call New York residents. Previously, out of state telemarketers could continue to do business in the state and not be subject to civil and criminal penalties established for violations of the state’s existing law.
The legislation would also prohibit prerecorded telemarketing calls, also known as robocalls, without the recipient's express written consent, and require that prerecorded calls provide an opt-out mechanism to allow recipients to automatically add their phone number to the telemarketer's do-not-call list and then terminate the call.
The bill will be sent to Governor Andrew Cuomo. In a written statement, Cuomo appeared to support the bill, saying that the legislation was a “big win for the people of New York State.”
The complete text of the proposed law can be found here.
Friday, June 8, 2012
New York’s highest court issues new decisions
The New York State Court of Appeals has issued a number of new decisions this week on several important issues in civil and criminal law.
Among the cases, the state’s high court ruled on the following issues:
The decisions are available to the public and can be found at the court’s website.
Among the cases, the state’s high court ruled on the following issues:
• whether the Family Court may direct continuing contact between a jailed parent and his child once parental rights have been terminated due to permanent neglect;
• whether the trial court’s error in denying a criminal defendant's requests for a severance based on the improper joinder of certain counts relating only to a co-defendant is harmless;
• whether the landlord of a New York City loft who has not complied with the Loft Law may maintain an ejectment action based on non-payment of rent;
• whether a college baseball pitcher assumed the risk of injury associated with his indoor practice;
• whether a historian is entitled under the Freedom of Information Law to unredacted transcripts of interviews that would identify informants who were promised confidentiality during investigations of school employees suspected of communist party ties.
The decisions are available to the public and can be found at the court’s website.
Thursday, May 24, 2012
Ovid, Lodi Boards back court consolidation
FingerLakes1.com Local Network
The complete study supporting the court consolidation is available here.
The Towns of Ovid and Lodi have passed a joint resolution to consolidate their two town courts into a single position.
The resolution follows a study conducted by representatives of both towns. Town Supervisor Walt Prouty and Town Attorney Steven Getman represented Ovid.
The resolution will now be forwarded to the New York State legislature for final approval.
The complete study supporting the court consolidation is available here.
Wednesday, May 9, 2012
Seneca Lake Scenic Byway Plans Move Forward
Highlighting Route 414′s natural beauty; committee awaits byway designation:
The coming designation of State Route 414 from Lodi in Seneca County through the Town of Hector to the Watkins Glen village boundary as a Scenic Byway “will help provide much wider recognition of the scenic, recreational and historic assets along the east side of Seneca Lake, the Seneca Lake Scenic Byways Inc.,” contends in one of its early flyers urging byway designation.
The six member byway committee, a non-profit group, agrees the proposed byway “will help preserve and highlight the natural beauty we all enjoy, while enhancing the area’s appeal to tourists and boosting the local economy.”
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Making up the Seneca Lake Scenic Byway Inc. board are Barry O’Neill, Bruce Adams, Attorney Steve Getman, Vicki Kelly, George Kellogg and Chris Kimball-Peterson.
Saturday, May 5, 2012
Study: 13 million Facebook users aren't protecting their privacy
According to a new study by Consumer Reports, approximately 13 million Facebook users in the United States either ignore, don’t know how to use, or aren't aware of Facebook’s privacy settings.
Furthermore, the study notes, many popular apps collect and expose personal data to developers and people outside of a user's social group.
As a result, these users are exposing themselves to potential scams. Still other users were denied insurance benefits or turned down for jobs or college admissions because of information publicly available through the social network.
The magazine lists varying ways to protect your privacy on Facebook by adjusting privacy settings.
Consumer Reports also reminds people to "assume anything you do on Facebook can be seen by all of your friends, your mom, your great-great-grandchildren, your employer, health insurer, and the government.”
Furthermore, the study notes, many popular apps collect and expose personal data to developers and people outside of a user's social group.
As a result, these users are exposing themselves to potential scams. Still other users were denied insurance benefits or turned down for jobs or college admissions because of information publicly available through the social network.
The magazine lists varying ways to protect your privacy on Facebook by adjusting privacy settings.
Consumer Reports also reminds people to "assume anything you do on Facebook can be seen by all of your friends, your mom, your great-great-grandchildren, your employer, health insurer, and the government.”
Tuesday, May 1, 2012
Court of Appeals Issues New Decisions
New York State’s highest court has issued a number of decisions this week on civil and criminal law.
The cases cover a number of issues, including:
The decisions are available to the public and can be found at the court’s website.
The cases cover a number of issues, including:
• the doctrine of equitable estoppel in child support/paternity cases;
• sufficiency of evidence in a case of manslaughter in the first degree;
• the application of the workers’ compensation cap when an employee has received several awards for different injuries;
• the sentencing ranges courts must adhere to when imposing a determinate sentence of imprisonment on a first time felony offender.
The decisions are available to the public and can be found at the court’s website.
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