Town of Romulus continues reviewing legal options for sidewalks

Ithaca Times:

Addressing the issue of sidewalks in the Town of Romulus, [Town Supervisor David] Kaiser reported that the previous administration accepted the roads.

"Unknown to us until the properties were researched recently, the properties at Lakeshore Landing were surveyed to the sidewalks rather than to the center of the road. Our attorney, Steven Getman, researched NYS law on roads and sidewalks as a result of a complaint from at least one resident that the town should remediate the problem created by a tree causing a sidewalk to rise.”

Getman presented his findings.

"The issue: one resident has a tree which is causing certain liabilities for the town and argues that the town should undertake responsibility for the repair of the sidewalks in the interest of public safety. The resident opposes the removal of sidewalks and/or trees. Other residents may or may not have conflicting viewpoints. What are the responsibilities of the town with regard to sidewalks and trees?"

Getman said generally, the care of sidewalks and trees is imposed upon the Highway Superintendent. It is his duty to remove broken sidewalks and overhanging branches and trees which prove to be dangerous. However, the town does not have to assume responsibility if there is an injury as borne out by referenced law. If the town wishes to completely give up being in the tree and sidewalk business, they could tear out the trees and the sidewalks or have the residents establish side walk districts at which time the residents would be completely responsible. The town board can pass a local law establishing policy that the homeowner is responsible for the maintenance of his sidewalk as well as its liability.

A lively discussion ensued. It was most commonly felt that the town should remove the offending trees. The Town Highway Department has already yellow-marked damaged sidewalks. It was felt that the offending sidewalk sections should be removed, with responsibility for that sidewalk to be turned over to the home owner.

Legal links of interest for the week ending November 22

Steven Getman, attorney, reports on some news stories about lawyers and the law in the past week:

Attorney general cracks down on fake online reviews: The agency announced that it had reached a $350,000 settlement with 19 companies for posting bogus online reviews to consumer review sites like Yelp, Citysearch and Google Local.

Democrats vote to curb filibusters on nominees: Senate Minority Leader Mitch McConnell (R-Ky.) called the move a “raw power play” – and said the whole issue was meant to “distract people from ObamaCare.”

Judges must warn about deportation, New York Appeals Court rules: In a 5-to-2 decision, the Court of Appeals overturned its 1995 ruling that deportation is a “collateral consequence” of a guilty plea, and so judges need not warn foreign defendants it might happen.

Justice Alito rips NY federal judge for requiring race- and sex-based law firm staffing: The issue was the practice of U.S. District Judge Harold Baer requiring that class action counsel ensure that attorney staffing of the case reflect the racial and gender of the class.

NY court rejects 'too intoxicated' murder defense: New York’s Court of Appeals upheld the murder convictions Thursday of three drivers who caused deadly crashes, rejecting arguments they were too intoxicated to know the threat they posed.

NY debt collector settles claims of bad business: Authorities said he tried to collect on payday loans, which are illegal in New York state. Those short-term loans are typically advances on a paycheck with exorbitant interest rates.

NY registry to have multiple pictures of sex offenders: The state’s Sex Offender Registry will now display multiple images of convicted sex offenders to help make them more recognizable to the public and law enforcement.

Senate, Assembly to jointly file against Cuomo’s anti-corruption commission: lawyers representing the legislators will argue that the subpoenas are overreaching, violate the constitutional separation-of-powers edict and seek protected client information, sources said.

For more on each of these stories, click on the links above.

Town of Ovid to create capital reserve funds

At a regular meeting held on the 13 day of November, 2013, the Town Board of the Town of Ovid, New York (the “Town”) duly adopted a series of resolutions, abstracts of which follow, which are each subject to a permissive referendum:

Resolution No. 24-2013: Establishing a Capital Reserve in the Highway Fund DB to Finance the capital repair of existing Town of Ovid bridges;

Resolution No. 25-2013: Resolution Establishing a Capital Reserve in the Highway Fund DB to Finance the acquisition of new Highway Equipment;

Resolution 26-2013: Establishing a Capital Reserve in the General A Fund to Finance the capital acquisition of new town hall and capital repair of existing Town of Ovid Highway Barn

Pursuant to each resolution:

The chief fiscal officer is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by Section 10 of the General Municipal Law. The chief Fiscal officer may invest the moneys in the Reserve Fund in the manner provided by Section 11 of the GML, and consistent with the investment policy of the Town of Ovid. Any interest earned or capital gains realized on the moneys so deposited or invested shall accrue to and become part of the Reserve Fund. The chief fiscal officer shall account for the Reserve Fund in a manner which maintains the separate identity of the Reserve Fund and show the date and amount of each sum paid into the fund, interest earned by the fund, capital gains or losses resulting from the sale of investments of the fund, the amount and date of each withdrawal from the fund and the total assets of the fund, showing cash balance and a schedule of investments, and shall, at the end of each fiscal year, render to the Board a detailed report of the operation and condition of the Reserve Fund.

Legal links of interest for the week ending November 8

Steven Getman, attorney, reports on some news stories about lawyers and the law in the past week:

Bill to ban job bias against gays clears Senate hurdle: A measure that would outlaw workplace discrimination based on sexual orientation and gender identity overcame a significant obstacle as seven Republicans voted to begin debate on the bill.

In Bond v. U.S., the Supreme Court will decide if a treaty trumps state police powers: Carol Bond concedes that she spread a toxic chemical on the car and mailbox of a friend who had an affair with her husband. Federal prosecutors intervened in what would normally be a state criminal case to charge Bond with violating the chemical-weapons convention that the Senate ratified in 1997.

Domestic violence alerts available in New York: Victims of domestic violence can now sign-up for SAVIN-NY alerts at www.nyalert.gov by clicking on “Orders of Protection.”

D.C. Circuit rules against Obamacare contraceptive mandate: the D.C. Circuit ruled November 1 that two brothers who own and operate a food-supply company are entitled under the federal Religious Freedom Restoration Act to a preliminary injunction against imposition of the HHS mandate on contraception and abortifacients.

Judge upholds Rochester's red light camera program: A state court justice found the red light camera laws do not infringe upon a fundamental right

Legislative prayer gets Supreme Court review: The case argued at the court Wednesday involves prayers said at the start of town council meetings in Greece, N.Y., a Rochester suburb.

New York State warns residents of STAR application scam: New homeowners have received letters offering to enroll them in the STAR Program for a substantial fee; however enrollment in the the program is actually free.

For more on each of these stories, click on the links above.

Amendments to New York’s DWI Ignition Interlock Law take effect November 1

Ovid, NY--Attorney Steven Getman is reminding New York motorists that the ignition interlock provisions enacted as part of Leandra's Law have been amended and will apply to offenses committed on or after Nov. 1, 2013. Changes include:

• Vehicle and Traffic Law (“VTL”) 511(3)(a)(iv) was amended to create a new category of first-degree aggravated unlicensed operation of a motor vehicle where a person operates a motor vehicle while holding a conditional license issued pursuant to VTL 1196(7)(a) while under the influence of alcohol or a drug.

• VTL 1193(1)(b), (c)

◦ was amended to apply the ignition interlock requirement to youthful offenders; ◦ extended the minimum ignition interlock period to one year, but allows the court to terminate the period earlier if the person submits proof that an ignition interlock was installed and maintained for at least six months;
◦ now provides that the interlock period starts from the earlier of the date of sentencing or the date a device was installed in advance of sentencing.

• VTL 1198(4)(a)

◦ now provides that good cause for failure to install an ignition interlock device may include a finding that the defendant does not own a motor vehicle if the defendant states under oath that he/she does not own a motor vehicle and that he/she will not operate a motor vehicle during the ignition interlock period;
◦ was amended to state that the term "owner" has the same meaning as in VTL 128 (title holder).

Leandra's Law, enacted in 2009, established a new Class E felony related to driving while intoxicated with a child as a passenger; and, for the first time, required that all individuals convicted of misdemeanor and felony DWI offenses install and maintain ignition interlock devices.

Driving while intoxicated in New York carries serious penalties, both civil and criminal. Not only can a defendant lose his or her license to drive, once they can drive again, the interlock law may apply. In addition, anyone convicted of DWI will be subject to New York State fines, surcharges, insurance penalties and, in some cases, imprisonment in a New York State correctional facility.

For more information, click here.

Alleged vehicle vandals reject plea deal

Finger Lakes Times:

WATERLOO — Two of the four Seneca Falls men accused of vandalizing dozens of vehicles at Bill Cram Chevrolet have rejected plea deals that would have included prison time.

The attorneys for Charles Covert and Adam Graves turned down the deals Monday in Seneca County Court. The district attorney’s office asked them to plead guilty to second-degree criminal mischief, a class D felony punishable by up to seven years in prison.

If they would taken the plea, Judge Dennis Bender would have committed to a maximum sentence of 1 1⁄3 to 4 in prison for each. They would also be required to pay $90,000 in restitution along with the other co-defendants, Jonathan Klingensmith and Jonathan Taylor.

Covert, Graves, Klingensmith and Taylor are accused of damaging more than 50 vehicles during the overnight hours of March 23 and 24 at the Routes 5&20 dealership. They were arrested in May by Seneca Falls police after an investigation of nearly two months....

Covert’s Auburn-area attorney, Rome Canzano, indicated his client would testify before the grand jury. Graves’ Syracuse-area attorney, Robert Baska, didn’t say if his client would testify...

Klingensmith is being represented by Waterloo-area attorney Michael Conroy, while Taylor is being represented by Ovid-area attorney Steven Getman.

All four men are free on the county’s pretrial release program.

The charges are accusations and the defendants are presumed innocent unless and until proven guilty in court.

Man sentenced for failure to pay child support

Gannett News:

A Cattaraugus County man was sentenced to one year of probation by the Schuyler County Family Court on Tuesday (October 1) for willfully failing to pay child support…

Assistant County Attorney Steven Getman prosecuted the case for the petitioners. Evidence before the court demonstrated that the man owed over $11,000.00 in back payments on both cases.

Notice of Public Hearing: Proposed Local Law C of the Town of Ovid, 2013

NOTICE OF PUBLIC HEARING ON Proposed Local Law No. C of the Year 2013 Town of Ovid, County of Seneca, State of New York A local law to override the tax levy limit established in General Municipal Law §3-c NOTICE IS HEREBY GIVEN that the Town Board will hold a public hearing on the following proposed Local Law at the Ovid Firehouse, 2136 Brown St Ovid, NY 14521, at 7:00 p.m. on the 9 day of October, 2013: Proposed Local Law No. C of the Year 2013, Town of Ovid, County of Seneca, State of New York, “A local law to override the tax levy limit established in General Municipal Law §3-c.” The text of the proposed local as introduced is as follows: Section 1. Legislative Intent It is the intent of this local law to allow the Town of Ovid to adopt a budget for the fiscal year commencing January 1, 2014, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal Law § 3-c. The Town of Ovid is concerned about uncertainties in the existing tax cap law, including how expenditures mandated by law and expenditures and revenues controlled by the county and state interact with the tax cap, as well as increasing insurance costs over which the town’s control is limited. The town board is accountable to prepare a responsible budget, which meets the Towns obligations and provides beneficial services, while minimizing the tax burden. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of the Town Board. Section 3. Tax Levy Limit Override The Town Board of the Town of Ovid, County of Seneca, State of New York, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2014, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State. At such time and place all persons interested in the subject matter thereof will be heard concerning the same. The complete text of the proposed local law is available during normal business hours at the Office of the Town Clerk/ Ovid Firehouse, 2136 Brown St Ovid, NY 14521. Dated: Ovid, N.Y., September 12, 2013 By Order of the Town Board of the Town of Ovid James Vangalio, Town Clerk Steven Getman, Attorney for the Town of Ovid

Schuyler teens ordered to detention after drinking party allegations

From FingerLakes1.com:

A pair of Schuyler County teenagers were detained by the Family Court on Thursday, following allegations of an underage drinking party and other misbehaviors earlier this year…

Both were ordered to juvenile detention ...following applications from the county attorney’s office. Trials will be scheduled for each juvenile later in the year.

The county is being represented in the two cases by assistant county attorneys Steven Getman and Kristin Hazlitt…

The charges against the respondents are accusations and a respondent is presumed innocent unless and until proven guilty in a court of law.

Legal Links of interest for the week ending July 27

Some news stories about lawyers and the law in the past week:

Cuomo signs bill to bolster Leandra's Law: Also on Friday, penalties for distracted driving — including driving while texting — officially increased.

Knockout' homicide trial begins in family court which operates by a different set of rules: The proceedings move at a quicker pace than adult matters in criminal court. The courtroom is also cozier, and only one case is called at a time, creating a sense of privacy not felt in adult criminal court.

Judge Invokes Obama in Blocking Detroit Bankruptcy Filing: Ingham County (Michigan) Circuit Judge Rosemary Aquilina has ruled that Detroit’s bankruptcy filing violates the state constitution’s prohibition on actions which would “diminish” pension benefits.

Jesse Ventura lawsuit vs. murdered Navy SEAL can move forward, judge says: The defense attorney had argued Ventura would be better off dropping the case, saying that going forward would give the perception that Ventura had little regard for loved ones of deceased war heroes.

Bipolar fake lawyer gets up to 3 years for impersonating attorney: The heroin-addict son of a prominent Albany lawyer had walked into a Manhattan courtroom three times at the end of last year impersonating attorney David O’Brien.

DA plans to appeal overturned hate crime homicide conviction: The Onondaga County District Attorney's office plans to ask the state's highest court to reverse an appeals court's decision to throw out the county's first hate crime homicide conviction.

Unchecked alerts from ankle bracelets on offenders have deadly results: Some agencies don't have clear protocols on how to handle the multitude of alerts, or don't always follow them. At times, officials took days to act, if they noticed at all, when criminals tampered with their bracelets or broke a curfew.

For more on each of these stories, click the links above.