New York State has enacted legislation to enhance the penalties for assaulting employees of a county social services district while in performance of their duties.
On Friday (August 17, 2012), Governor Cuomo signed A.4672-S.7720 and it became Chap. 434 of the Laws of 2012.
The new law extends the penalties provided for assaults against other public employees (such as police offers and school employees) to cover the safety of government workers who deliver social services. This law makes assaulting an employee of any local social services district while performing duties directly related to his or her job, a Class D felony, punishable by up to seven years in prison
Supporters of the law hope that elevating the current penalty from a misdemeanor to a felony will help serve as a deterrent to those that would use physical force against those who work to protect children and seniors.
The law goes into effect on Nov. 1, 2012. For more on the new law, click here.
Monday, August 20, 2012
Tuesday, August 7, 2012
State designates first Seneca Lake Scenic Byway
Finger Lakes Media:
For more on the Seneca Lake Scenic Byway, click here.
An 18 mile stretch of Route 414, between Watkins Glen and Lodi, was made an official scenic byway, Thursday, Aug. 2.
The New York State Senate approved the legislation in late March. It was given final legislative approval in early June by the assembly and was signed by Gov. Andrew Cuomo last Thursday. A group of residents from around Hector, Lodi, and Trumansburg started the campaign to make it a scenic highway 10 years ago....
Steven Getman, scenic byway group member, thanked the state senators and assembly members who sponsored the bill.
He said, “Their dedication and sponsorship of this bill will no doubt enhance tourism and local business. It will assist our region in promoting and maintaining the quality of life along Route 414.”
For more on the Seneca Lake Scenic Byway, click here.
Saturday, August 4, 2012
New York’s DNA databank expansion now in effect
On Wednesday (August 1), New York State’s all-crimes DNA bill went into effect.
This law makes New York the first state in the nation to require collection of DNA samples from anyone convicted of a felony or misdemeanor. Previously, less than half of all defendants convicted of a Penal Law offense were required to provide a DNA sample.
Even with its limited information, the DNA databank provided leads in nearly over two thousand convictions. DNA evidence has also led to the exoneration of nearly thirty New Yorkers who were wrongly convicted.
It is believed that a complete DNA databank will be even more effective in helping to convict the guilty, exonerating the innocent, and giving attorneys and court officials more reliable evidence to better protect the rights of all New Yorkers.
For more information on the new DNA law click here.
This law makes New York the first state in the nation to require collection of DNA samples from anyone convicted of a felony or misdemeanor. Previously, less than half of all defendants convicted of a Penal Law offense were required to provide a DNA sample.
Even with its limited information, the DNA databank provided leads in nearly over two thousand convictions. DNA evidence has also led to the exoneration of nearly thirty New Yorkers who were wrongly convicted.
It is believed that a complete DNA databank will be even more effective in helping to convict the guilty, exonerating the innocent, and giving attorneys and court officials more reliable evidence to better protect the rights of all New Yorkers.
For more information on the new DNA law click here.
Saturday, July 28, 2012
Legal links of interest: week ending July 28
A number of stories about the law and lawyers in the news this week:
The Daily Record: Addressing threats to an independent judiciary
Reason.com: How colleges suppress free speech
American Spectator: Federal court halts enforcement of the Obama administration’s abortion pill mandate on religious freedom grounds
Democrat & Chronicle: Fewer DWI offenders foot bill for interlock device
New York Post: Connecticut prosecutor accused of sneaking naughty pics of female lawyers
Associated Press: Drug company McKesson to pay New York $36 million in settlement
Post Standard: Syracuse law against bath salts still a 'work in progress'
Wednesday, July 18, 2012
New law to help low-income defendants make bail: charities may now post misdemeanor bonds
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.
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 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.
Subscribe to:
Comments (Atom)