New York Appellate Court now live broadcasting oral arguments.

The Supreme Court, Appellate Division, Third Department is now live broadcasting oral arguments on its website.

Oral arguments are typically scheduled for two weeks every month. There is usually one session of oral arguments each day, beginning at either 9:30 a.m. or 1:00 p.m. Daily session calendars are available on the court's monthly term calendar.

The Appellate Division, Third Department, which is located in Albany, is one of four Appellate Division Departments. Each Department exercises appellate jurisdiction in a separate geographic region.

The Appellate Division is New York State's intermediate level appellate court. It hears appeals from trial courts and has power to review both law and facts in civil and criminal cases. Appeals from the Appellate Division are taken to the Court of Appeals, the State's highest court. The bulk of all appellate review in New York State is provided by the Appellate Division.

Analysts: Obama's gun control options each have legal pitfalls

From Reuters:

The Washington Post and Politico reported late last week that one of Obama’s main proposals would require some unlicensed gun dealers to get licenses and conduct background checks on potential buyers. Current law exempts smaller dealers who often operate at gun shows and sell online.

Obama... could act through an executive order, which would be immediate and carry the force of law. It would also almost certainly prompt lawsuits ... claiming the president lacks the authority to change the legal definition of who must obtain a dealer’s license....

Obama could take the less risky path on guns by directing the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to redefine its guidance on who is considered a dealer under federal gun law. This would be advisory and lack the force of law, which would mean that prosecutors could not rely on it when pursuing small gun dealers....

Obama could choose an even more cautious route and direct the ATF to begin the formal administrative rulemaking process to change its regulations for who is considered a firearms dealer under the existing Gun Control Act. Agency action that includes the chance for public comment would create an enforceable rule that would likely pass legal muster, but that process probably would not conclude before Obama leaves office in January 2017....

The Second Amendment of the U.S. Constitution protects the right of Americans to keep and bear arms.

Regardless of what steps Obama might take to increase the number of dealers who must conduct background checks, legal experts said that he cannot accomplish his desired gun control agenda - like boosting oversight of gun show sales - through executive action alone.

New laws for the New Year

January 1, 2016 will see many new laws take effect nationwide.

In New York State, those laws include the following:

• A minimum wage hike
• A tax Cut for businesses
• New breastfeeding rights
• Expansion of Telehealth services
• Increased veterans property tax exemptions
• Expedited access to Child Protective Services records to aid in locating missing children
• A “Women's Equality Agenda”

If you believe one or more of these laws will affect you, do not hesitate to contact an attorney to advise you of your rights and responsibilities under these new laws.

Stay safe, stay informed and have a Happy New Year.

New York adopts new attorney discipline rules

From the New York State Office of Court Administration:

The new rules, which provide for a harmonized approach to the investigation, adjudication and post-proceeding administration of attorney disciplinary matters were approved following public comment and upon recommendation of the Administrative Board of the Courts. They will be promulgated as Part 1240 of the Rules of the Appellate Division (22 NYCRR Part 1240) and will take effect in July 2016.

The rules announced today are comprehensive in scope, and set forth a uniform approach to the full panoply of issues in attorney discipline, including: standards of jurisdiction and venue; appointment of disciplinary committees and staff; screening and investigation of complaints; proceedings before the Appellate Division; rules of discovery; the name and nature of available disciplinary sanctions and procedural remedies for further review; expanded options for diversion to monitoring programs; reinstatement; and confidentiality.

The new rules are available here.

New York State Constitutional Convention Boot Camp

In 2017, New York voters will decide whether to authorize a convention to consider revising the New York State Constitution. The New York State Bar Association co-sponsored a "boot camp" for reporters on the issue on Dec. 7.

While intended for journalists, the boot camp offers valuable information for everyone interested in the state constitutional process.

View a video of the boot camp here.

Report: Gov. Cuomo vetoes transparency laws

Glens Falls Post-Star:

Gov. Andrew Cuomo over the weekend vetoed two laws intended to strengthen the Freedom of Information Law process but issued an executive order to expedite the process of receiving government documents, but only for state agencies.

Blair Horner, legislative director of New York Public Interest Research Group, said it is odd that Cuomo vetoed the measures when Robert Freeman, executive director of the State Committee on Open Government, recommended both measures in the state agency’s annual report...

Public interest advocacy groups and newspaper editorial boards advocated for both measures...

The Freedom of Information Law guarantees public access to government documents and records, with certain specific exceptions.

One of the bills the governor vetoed would have required state agencies to pay legal fees and court costs when a court rules that documents have been withheld without a reasonable basis...

The other bill Cuomo vetoed reduced the time public agencies have to appeal a court decision on access to public records — from nine months to two months.

Cuomo on Saturday issued an executive order that requires state agencies to file notice of an appeal, settle the record on the appeal and file a legal brief within 60 days.

Schuyler County to offer "Medicare 101" class

Notice of Public Hearing: Town of Ovid Proposed Local Law No. E of the Year 2015

The Town Board will hold a public hearing at the Ovid Firehouse, 2136 Brown St Ovid, NY 14521, at 7:00 p.m. on the 9 day of December, 2015 in relation to Proposed Local Law No. E of the Year 2015, Town of Ovid, County of Seneca, State of New York: “A local law Repealing Local Law No. 2 of the year 2015."

The text of the proposed local as introduced is as follows:

Section 1. Local Law No. 2 of the Year 2015, “a local law to override the tax levy limit established in General Municipal Law §3-c,” which local law was duly passed by the Town Board on September 9, 2015, is hereby repealed in its entirety as unnecessary.

Section 2. This local law shall be effective upon its filing with the Secretary of State.

More more on the proposed local law, click here.

Michigan: How People Are Prosecuted For Breaking Laws They Don’t Know Exist

From Michigan Capitol Confidential:

Michigan has over 3,000 felonies and misdemeanors on the books — far more than the average resident could possibly remember. Obvious crimes, like murder or theft, make up some of these statutes, but more of them cover actions such as “transporting Christmas trees without a manifest” or burning grass clippings or leaves in certain areas.

These laws are especially dangerous to ordinary people because 26 percent of Michigan’s felonies and 59 percent of its misdemeanors don’t specify criminal intent. This means that people who never intended to break the law may be (and often are) prosecuted for crimes they had no idea they committed.

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These reforms would not allow a Michigander to get out of a larceny charge by claiming ignorance of the law, but they would make it less likely for him to do jail time for catching a fish he didn’t realize was protected, or being smacked with hefty fines for failing to properly display a camping license on his tent.

Among the crimes that the average person might not realize exist are the following:

Lisa Snyder’s neighbors had children and early starts at work. She was happy to watch their kids until the school bus arrived in the morning — until she was threatened with penalties for running an unlicensed child care service.

Alan Taylor needed more parking at his growing business and thought he had received all the proper permits to expand the lot on his property. But the Michigan Department of Environmental Quality successfully prosecuted him for jeopardizing a wetland he didn’t know existed.

Kenneth Schumacher got rid of some scrap tires at what turned out to be an unlicensed disposal facility. Though he didn’t intend to break the law, he was sentenced to 270 days in jail and a fine of $10,000.

Michigan is not alone is this area. In 2009, it was estimated that many Americans unknowingly commit three felonies per day:

The average professional in this country wakes up in the morning, goes to work, comes home, eats dinner, and then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? The answer lies in the very nature of modern federal criminal laws, which have exploded in number but also become impossibly broad and vague.

New York passes stricter DWI penalties

New legislation to reduce drunk driving among repeat violators through the use of ignition interlock devices (IID), has been signed into New York law.

The new law allows judges the discretion of extending the use of a mandatory interlock device when an individual has a high probability of repeatedly driving under the influence. Previously, the device could only be ordered for certain convictions of New York’s DWI laws.

An IID is an apparatus that is similar to a breathalyzer and is often attached to the ignition system of a motor vehicle as a condition of probation stemming from traffic-related infractions. The vehicle can only be started if the driver blows into the ignition interlock and his or her blood alcohol content (BAC) is below the legal limit of .08 BAC.

The measure was introduced by Republican New York State Senator Michael Nozzolio, and passed unanimously in both the Senate and Assembly.

For more information on the new law, click here.