Report: Thousands of sex offenders to disappear from New York registry

Fox News:

The names of thousands of New York State sex offenders are due to come off a public registry, prompting demands for a change in the law.

State law requiring Level 1 offenders to report their whereabouts to the registry for a 20-year period was up Jan. 1….

The Level 1 designation can include child molestation, rape in the first degree and sodomy, according to the station.

Level 2 and Level 3 sex offenders are required to register for life.

More information on the New York State registry can be found here.

Ovid moves forward with comprehensive plan

The Ovid Town Board is beginning a renewal of the Comprehensive Plan for the Town of Ovid and the public's help is requested.

The town is now accepting letters of interest with qualifications from town residents interested in being appointed to two positions on the planning board.

Letters should be sent to Town Clerk James Vangalio at PO Box 452, Ovid NY 14521 and must be received before February 10, 2016.

For information about these positions call Town Supervisor Walt Prouty at 607-279-7170, Planning Board Chair Al Deming at 607-869-3566, or Town Clerk James Vangalio at 607-869-3907.

Schuyler County announces retirement planning event.

Schuyler County’s Office for the Aging will hold a retirement planning event on March 18 at the Human Services Complex in Montour Falls.

The event is preceded at 4:00 pm with a Medicare 101 Class in Room 115. From 5:00 to 7:00 pm, the county will have informational tables that deal with Office for the Aging services, Medicare, Long Term Care insurance, financial planning, volunteering and more.

For more details, click here.

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