New York State Bar Association calls for increased assigned counsel rates.

The House of Delegates of the New York State Bar Association has "approved a report and resolution calling for an increase in the rates paid to private attorneys providing mandated representation for those who cannot afford to pay counsel."

According to the resolution, assigned counsel fees under New York State County Law have not changed since 2004.

The NYSBA also called for any increase to be paid at state expense, to prevent an unfunded mandate to the counties.

Following Schuyler County opposition, NYS DEC rejects Crestwood LPG storage project

Less than a week after the Schuyler County Legislature rescinded its support for a Crestwood subsidiary's plan to store up to 1.5 million barrels of liquefied propane in underground caverns near Watkins Glen, the New York State Department of Environmental Conservation rejected the project:

Basil Seggos, the state's environmental conservation commissioner, issued a 30-page ruling denying the request from a Crestwood subsidiary, which was looking to store up to 1.5 million barrels of liquefied propane in underground caverns near Watkins Glen.

In his ruling, Seggos said the project "is not permittable" because it could alter the character of the Finger Lakes community.

"The project before me involves significant adverse unmitigated impacts with respect to local and regional community character in this area of New York State," Seggos wrote.

Schuyler County Legislature rescinds Crestwood LPG storage facility support

Watkins Glen—The Schuyler County Legislature voted on Monday (July 9) to rescind its prior support for an attempt to store liquefied propane gas in local salt mines, after reports that one of the caverns may have leaks.

The resolution was introduced at Monday’s meeting by legislator Phil Barnes and seconded by legislator Van Harp. It passed unanimously.

The resolution was authored by Legislature Chairman Dennis Fagan, with input from the County Planning Department (Kristin VanHorn), County Attorney (Steven Getman), County Administrator (Tim O’Hearn), Emergency Management (Bill Kennedy) and Clerk of the Legislature (Stacy Husted). It repeals the county’s support pending completion of future pressure testing and subsequent review and approval by New York State Department of Environmental Conservation (DEC).

After the vote, Fagan said “clearly, we have to consider the local taxpayers. We have to take their concerns seriously.”

As part of its passage, the legislature directed the clerk to send the final resolution to the Governor and other state officials.

The County Legislature took up the resolution after a May 17 letter to the DEC from lawyers representing Finger Lakes LPG Storage. In that letter, Kevin Bernstein, an attorney with Bond Schoeneck & King, asked the DEC to delay a final decision on the storage unit application until well pressure tests determine its suitability as a gas storage unit. Finger Lakes LPG Storage is a subsidiary of Crestwood Midstream Partners.

During deliberations, Legislator Michael Lausell cited that letter, and noted the need to remain vigilant to future developments in the application process, to ensure the safety of Schuyler County residents.

In 2014, the legislature voted five to three in support of the LPG storage plant, based on “submissions and compliance with all regulatory requests” that “minimized impacts to the maximum extent practicable and that the caverns to be used for LPG storage are well-suited for such use.” In 2016, after Crestwood scaled back its plans, the legislature reiterated that support, six votes to two.

In June, Toxics Targeting, a company that compiles information on toxic sites, released documents it claimed prove the DEC knew of, and failed to disclose, leakage concerns.

A complete copy of the draft resolution can be found here. A listing of Schuyler County Officials, and their contact information, can be found here.

Schuyler County residents can talk Medicare

On Wednesday, July 18, Schuyler County residents can find out answers to their Medicare questions.

"Let's talk Medicare" will be held at the Harvest Cafe Lounge, 224 East Main Street, Montour Falls, New York, from 8:00 am to 10:00 am.

Come and have a cup of coffee and bring your Medicare questions. You will also be able to discuss programs that could save you money on your Medicare, such as Medicare Savings Program, Extra Help and EPIC.

The event is free, but RSVP is suggested. Please call the Schuyler County Office for the Aging at 607.535.7108 to register or for more information.

Schuyler County Legislature considers rescinding Crestwood LPG storage facility support

The Schuyler County Legislature appears close to voting to rescind its prior support for an attempt to store liquefied propane gas in local salt mines, after reports that one of the caverns may have leaks.

The full legislature will consider on Monday (July 9), a resolution rescinding support of Finger Lakes LPG Storage’s liquid propane gas (LPG) storage facility project. Finger Lakes LPG Storage is a subsidiary of Crestwood Midstream Partners.

The resolution has already cleared the county’s Public Safety Committee, headed by legislator Van Harp, and its Legislative Resolution Review Committee, chaired by Dennis Fagan.

The resolution, as authored by Fagan, with assistance from the County Planning Department (Kristin VanHorn), County Attorney (Steven Getman), County Administrator (Tim O’Hearn), Emergency Management (Bill Kennedy) and Clerk of the Legislature (Stacy Husted), repeals the county’s support pending completion of future pressure testing and subsequent review and approval by New York State Department of Environmental Conservation (DEC).

The proposed resolution comes after a May 17 letter to the DEC from lawyers representing Finger Lakes LPG Storage. In that letter, Kevin Bernstein, an attorney with Bond Schoeneck & King, asked the DEC to delay a final decision on the storage unit application until well pressure tests determine its suitability as a gas storage unit.

In 2014, the County Legislature voted five to three in support of the LPG storage plant, based on “submissions and compliance with all regulatory requests” that “minimized impacts to the maximum extent practicable and that the caverns to be used for LPG storage are well-suited for such use.” In 2016, after Crestwood scaled back its plans, the legislature reiterated that support, six votes to two.

In June, Toxics Targeting, a company that compiles information on toxic sites, released documents it claimed prove the DEC knew of, and failed to disclose, leakage concerns.

The July 9 meeting of the Schuyler County legislature is scheduled to begin at 6:30 pm at the Schuyler County Courthouse, 105 Ninth Street, Watkins Glen, New York.

A complete copy of the draft resolution is below.

Draft: RESOLUTION WITHDRAWING SUPPORT OF STAGECOACH’S LIQUID PROPANE GAS (LPG) STORAGE FACILITY PROJECT by Steven Getman on Scribd

Public asked to report phone scams involving Federal Court

Federal officials are alerting the public to several nationwide imposter scams involving individuals claiming to be U.S. marshals, court officers, or other law enforcement officials.

In the scam, criminals call their victims claiming the are trying to collect a fine in lieu of arrest for failing to report for jury duty or other offenses. The scammers tell victims they can avoid arrest by purchasing a prepaid debit card and read the card number over the phone to satisfy the fine.

These scammers use various tactics to sound credible, including badge numbers, names of actual law enforcement officials and federal judges, and courthouse addresses. Some will spoof their phone numbers on caller ID as appear if they are calling from a court or government agency.

Anyone who believes they were a victim of such a scam, is encouraged to report the incident to their local FBI office and to the FTC.

New York Election Day Hotline To Protect Voter Access During June Federal Primary Election

New York State officials have an announced an Election Day Hotline, which will help troubleshoot and resolve a range of potential issues encountered by voters at the polls during the federal primary election on Tuesday, June 26th.

Voters experiencing problems or issues at the polls may call the hotline at 800-771-7755 or contact it via email at any time between 6:00 AM and 9:00 PM on Tuesday.

Voters registered in New York City trying to find their poll site can click here. Voters registered outside New York City trying to find their poll site can click here.

Phishing scams targets Airbnb customers

Criminal hackers are taking advantage of the popularity of Airbnb with phishing campaigns targeting that site’s customers.

One recent scam involves the General Data Protection Regulation (GDPR). GDPR is a regulation that requires businesses to protect the personal data and

privacy of European Union citizens for transactions that occur within EU member states. Websites across the world are being affected. The regulation took effect in May and many organizations are updating their privacy policies and emailing customers to ensure they are aware of the changes. The phishing scam seeks to exploit this. A phishing email, which claims to be from Airbnb customer support, advises users that they must accept a new privacy policy based on the GDPR before they can make any further bookings. Anyone who clicks the link is asked to enter their personal information, including account credentials and payment card information.

Another scam involves fake Airbnb property listings. Scammers post these listings to lure in interested renters. Once someone reaches the stage of being ready to book, the scammers will send a link to the Airbnb listing asking them to complete the booking through a real-looking, but fake, site. Once on that site, the prospective customer’s identity and payment information is stolen. Similar scams involve the fakers asking for advance payment, for properties that do not exist.

Airbnb has tips to avoid these, and other, scams involving their site here.

Supreme Court says police need a warrant for historical cell location records

Via ZDNet:

The Supreme Court has said that law enforcement must first seek a warrant before obtaining historical cell phone location records from phone companies, upending a near-decade long practice by police.

The court ruled 5-4 on the case, in what became one of the most awaited privacy legal decisions in the US this year.

The so-called "Carpenter" case had centered on the eponymous Timothy Carpenter, a criminal who was caught thanks to cell phone records in 2011. Law enforcement had obtained his location data from a phone provider without a search warrant, arguing the provider already had his data and Carpenter had no "reasonable expectation of privacy."

But the court found the government's warrantless access to cell-site records over a period of time "contravenes that expectation" of privacy, said (the court)....

The court stressed that the decision does not consider real-time tracking, or so-called "tower dumps," which police use to obtain information on all of the devices connected to a cell tower at during a particular period of time....

Police may, however, still obtain this data without a warrant in exigent circumstances, such as if there is an immediate threat or danger to life.

Read the complete decision here.

More on the Carpenter case here.

New York State Supreme Court denies drug companies’ motions to dismiss counties’ Opioid cases

A New York State Supreme Court Judge has refused to dismiss lawsuits against several large opioid manufacturers in one of the first decisions to come out of the cases brought by local governments over the prescription painkillers.

In a pair of rulings on Monday (June 18), Suffolk County Supreme Court Justice Jerry Garguilo rejected motions to dismiss brought by Purdue Pharma, Endo Health Solutions, Teva Pharmaceuticals, Allergan, Johnson & Johnson’s Janssen Pharmaceuticals Inc. and Insys Therapeutics Inc.

“The plaintiffs allege the manufacturer defendants employed assiduously crafted, multi-pronged marketing strategies that targeted the general public … as part of their respective campaigns to change the perception of the risks associated with prescription opioids and to de-stigmatize and normalize the long-term use of opioids for chronic nonmalignant pain,” he wrote.

Therefore, Garguilo allowed cases brought by various New York counties to go forward alleging violations of New York’s fraud and false advertising laws, as well as public nuisance and other claims.

One such case has been brought by Schuyler County. In August 2018, the County Legislature voted to retain the firm of Napoli Shkolnik to work with Schuyler County Attorney Steven Getman, as special counsel, to bring an action against the manufacturers and distributers of prescription opiates for damages to the County. In May of this year, Getman filed a nearly 250-page Summons and Complaint for damages to the County arising out of the fraudulent and negligent marketing and distribution of opiates in the County. That case was transferred to Suffolk County Courts shortly thereafter, along with other cases brought by New York counties in the state.

“We are obviously pleased by the court’s decision,” Getman said. “This is one of the first decisions to fully address all the substantive arguments in these various cases, and the court issued a well-thought-out opinion covering many of the issues raised throughout the state, including in our case. We consider it valuable precedent.”

“Schuyler County’s lawsuit will move forward to seek reimbursement for its expenses related to the opioid crisis as well as to provide the County with financial assistance to fight addiction, overdoses, drug-related crimes and drug deaths,” Getman stated.

According to Schuyler County Administrator Tim O’Hearn, the lawsuit was filed at no risk to the County, as Napoli Shkolnik will work on contingency basis that will cover all costs associated with the lawsuit.

“By going forward with litigation, the County Legislature hopes to lessen the burden to taxpayers and seeks to hold manufacturers and distributors responsible for their role in the opioid epidemic,” O’Hearn said.

Schuyler County is one of several New York municipalities to file a lawsuit against the manufacturers and distributors of opioid pain killers. At least 14 counties across New York are suing pharmaceutical companies for what they're claiming are deceptive marketing practices. In addition, in February, New York State officials filed a lawsuit against Insys Therapeutics, Inc., alleging that Insys deceptively promoted prescription opiate Subsys for unsafe uses and violated state law by downplaying drug’s addictive risks.

New York State Opioid Litigation Part 48, Suffolk County orders June 18, 2018. by Steven Getman on Scribd

(2023 Note to Blogger content moderation algorithm: this post is about a lawsuit against certain companies, not an attenpt to "sell, advertise, or facilitate the sale of regulated goods and services. Regulated goods and services include alcohol, gambling, pharmaceuticals, unapproved supplements, tobacco, fireworks, weapons, or health/medical devices."