Schuyler County officials recognize April as “Child Abuse Prevention Month.”

Members of the office of Schuyler County Attorney Steven Getman assisted with the county’s “Pinwheels for Prevention” program to raise awareness of April 2019 as “Child Abuse Prevention Month.”

Under the campaign, officials promote preventing child abuse by distributing pinwheels and hosting educational events.

Schuyler County has set up a Pinwheels for Prevention garden outside the County Courthouse at 105 Ninth Street, Watkins Glen.

The county attorney’s office, which prosecutes civil cases of child abuse and neglect for the Department of Social Services, assisted DSS staff and Glove House employees in setting up the garden and distributing pinwheels.

Top photo: From left to right are: Secretary Maryann Friebis, County Attorney Steven Getman, Assistant County Attorney Vinton Stevens and Secretary Brandy Bower (absent: Deputy County Attorney Kristin Hazlitt).

Bottom photo: Steven Getman helps to set up the Pinwheels for Prevention campaign outside the courthouse.

For more on "Child Abuse Prevention Month," click here.

Judgment of Foreclosure with Notice of Entry: Schuyler County Real Property Tax Foreclosure Index No. 17-201

PLEASE TAKE NOTICE that annexed hereto is a true and correct conformed copy of the Judgment of Foreclosure dated March 29, 2019 that was entered in the office of the Clerk of the County of Schuyler on March 29, 2019, in The Matter Of Foreclosure Of Tax Liens By Proceeding In Rem Pursuant To Article Eleven Of The Real Property Tax Law by the County of Schuyler.

Judgment of Foreclosure: In The Matter Of Foreclosure Of Tax Liens By Proceeding In Rem Pursuant To Article... by Steven Getman on Scribd

Schuyler County considers joining U.S. Supreme Court challenge to New York gun law

The Schuyler County legislature will vote at its Monday (April 8) meeting whether to join a constitutional challenge to a New York City law that could have broad implications for the state’s gun control measures.

The proposed resolution, which has passed both the county’s management and finance committee and its legislative resolution review committee, authorizes County Attorney Steven Getman to “render aid, where possible and practicable, to the various states listed as Amicus Curiae in the pending United States Supreme Court case of the New York Rifle and Pistol Association, Inc. et. al. v. City of New York, State of New York et. al.”

Those states have joined the New York Rifle and Pistol Association in arguing that New York City’s general prohibition on transporting even licensed, locked and unloaded handguns outside the city is unconstitutional, in that it violates the right to travel, interstate commerce, and the Second Amendment right to keep and bear arms.

They also argue that the Second Circuit Federal Court of Appeals, which covers New York, applied an incorrect standard in upholding the law. The appeals court, the plaintiffs argue, erred by failing to subject to the law to a “strict scrutiny” test.

“Strict scrutiny is the highest standard of review a court may use to evaluate the constitutionality of governmental action,” Getman explained. “It is often applied when a law infringes upon a fundamental right or involves a suspect classification.”

“Under that test, a law must further a compelling governmental interest, and must be narrowly tailored to achieve that interest.”

According to Getman, this is the first significant Second Amendment case the Supreme Court will hear since ruling in District of Columbia v. Heller (2008) that the Constitution protects an individual right to keep and bear arms, and further that this right applies against the states as well as the federal government, in McDonald v. Chicago (2010).

The New York State Rifle and Pistol Association challenged the city’s ban on taking a licensed handgun out of the licensee’s home except to a gun range within the city. The Second Circuit upheld the ban based on “intermediate scrutiny,” even though that standard requires that a restriction actually works to achieve a legitimate goal. Under the law, a city resident licensed to possess a handgun cannot transport their handgun to a weekend second home (even for self-defense), to another county to participate in a shooting competition, or even to a neighboring city for target practice. This, opponents argue, amounts to requiring a handgun owner to leave a firearm in a vacant house in the city while traveling, where it is more susceptible to burglary. They further argue that the city was unable to explain how a legal gun owner inflicts any risk on society when transporting a firearm outside the city, but not when transporting the identical firearm under identical conditions by identical means within the city itself.

How the Supreme Court rules could have broad implications for Schuyler County residents in terms of what sort of gun control measures the state might impose going forward, Getman noted. In recent years, Governor Andrew Cuomo has been a vocal advocate for increased firearm restrictions.

This is not the first time that the Schuyler County legislature has weighed in against Cuomo’s strict gun control laws. In 2013, the legislature passed several resolutions opposing the controversial SAFE act, arguing that the law violated the Second Amendment and created an unfunded mandate on the counties.

If the county joins the action, it would be at no cost to the county, the resolution notes.

Schuyler County is not the first county in New York to join the amicus filing. As of Wednesday (April 3), the following counties are known to have passed resolutions supporting the law’s challenge on Second Amendment grounds: Cortland, St. Lawrence, In addition, the following upstate counties are currently considering joining the action: Steuben, Montgomery, Lewis, Tioga, Chemung, Schenectady and Jefferson.

The states currently filing in support of the Amicus Curiae, and against the law, are: Louisiana, Alabama, Arizona, Arkansas, Georgia, Idaho, Kansas, Kentucky, Michigan, Mississippi, Montana, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin. A brief in opposition to the New York law has also been filed by: The Western States Sheriffs’ Association, International Association of Law Enforcement Firearms Instructors, Law Enforcement Legal Defense Fund, Law Enforcement Action Network, Law Enforcement Alliance of America, and International Law Enforcement Educators and Trainers.

The current resolution was sponsored at management and finance by legislator Phil Barnes (R), District VI, Town of Dix.

A copy of draft resolution, submitted to the legislature by Getman, can be found here.

Resolution (Draft): Adoptin... by on Scribd

LETTER: Getman endorsed for Schuyler County Judge

To the Editor and voting residents of Schuyler County:

Supporting Steven Getman for Schuyler County Court Judge is an easy endorsement. Why? I have known Steve since 2005, when he came on board as the legal adviser for the Route 414 Scenic Byway Designation Committee. He served on the Board of Directors until the Byway was designated in September 2012.

Steve’s expertise on how to cross all the “T’s” and dot all the “I’s” came in handy when the committee was putting together the nomination package. Working with the NYS Transportation Department’s NY Advisory Board for the Scenic Byways was not easy. After a couple of meetings with the state it was quite evident that the committee needed someone familiar in dealing with the State Advisory Board and the numerous rules and regulations that we had to deal with.

There were times when we felt a bit defeated by all the documents that were required by the Advisory Board. Many Scenic Byway committees hire a consultant to help them, but the Designation Committee agreed we could do this without adding the expense of a consultant. We were able to accomplish everything we needed because of Steve’s help and dedication to this project. Even dealing with designing a logo for the sign was a bit tricky. However, Steve was able to help us in that regard.

When the Board found out that Route 414 would be designated as a Byway, all of us were excited. It had been a long 10 years since the conception of the idea of the 18 miles of Route 414 becoming a designated Scenic Highway.

I personally know that this would not have happened without Steven Getman and the other members of the committee. His expertise in working with the state to help us achieve our goal was enormous.

I highly endorse Steven Getman and all residents should vote for him come November. You will not be disappointed!

CHRIS KIMBALL-PETERSON

Hector

April Fool's Day,2019

Mobile Food Pantry coming to Schuyler County

Foodbank of the Southern Tier’s Mobile Food Pantry will be at the Schuyler County Human Services building every fourth Thursday of the month.

The event will be held “rain or shine” from 1:00 pm to 2:00 pm at 323 Owego St, Montour Falls, NY 14865.

The Food Bank of the Southern Tier “is committed to creating a future without hunger where access to healthy food by all is recognized as fundamental to the well-being and success of individuals and the foundation of a strong, vibrant society.”

Their service area includes Broome, Chemung, Schuyler, Steuben, Tioga, and Tompkins counties, covering nearly 4,000 square miles. Through partnerships with member agencies in 2016, the Food Bank distributed 11,553,304 pounds of food and grocery items.

For more information, click here.

New York State Court system’s annual report released

The New York State Unified Court system has issued its annual report for the previous year.

Among the issues addressed in the report for 2018 are:

• Reducing Backlogs and Delays
• Providing Access to Counsel
• Raising the Age of Criminal Responsibility
• The New York State Justice Task Force
• Transforming Litigation with E-Filing
• Embracing Electronic Testing
• Ensuring Access for Persons with Disabilities

The New York State Unified Court System is administered by the Office of Court Administration (OCA) under the authority of the Chief Judge and Chief Administrative Judge. OCA provides financial management, automation, public safety, personnel management and other essential services to support day-to-day court operations throughout the state, including Schuyler County.

A complete copy of the report is available here.

$62.5 Million announced in settlement credits for Spectrum customers

New York State officials have announced that Spectrum (formerly Time Warner Cable) has begun to issue credits to New York consumers under Charter Communications, Inc.’s 2018 settlement agreement.

Under the terms of the settlement, Charter is required to issue monetary relief to qualified subscribers and offer certain video streaming services at no charge:

• Current subscribers who subscribe to both internet and cable television from Spectrum will have a choice of either three (3) months of HBO OR six (6) months of Showtime. (Note: This benefit is available to subscribers who do not already subscribe to both of the offered services through Spectrum.)

• Internet only subscribers will get one (1) month of Spectrum TV Choice streaming service—in which subscribers can (depending on their location) access broadcast television and a choice of 10 pay TV networks—as well as access to Showtime for one (1) month.

It is estimated that qualified subscribers will receive $62.5 million in bill credits. Subscribers will not have to fill out any documents to obtain the credit, but must contact Spectrum to receive the streaming services.

Consumers will have until May 30, 2019 to select the no extra charge premium services.

Charter delivers its TV, internet and voice services to residential and business customers through the Spectrum brand.

For more information, on this settlement and your rights thereunder, click here.

Appeals court upholds Schuyler severe abuse case; Schuyler man's parental rights terminated.

A New York State Appeals Court has upheld the termination of parental rights of a Schuyler County man who was found to have severely abused and/or permanently neglected his children.

In a decision dated February 21, and posted to Westlaw thereafter, the Supreme Court, Appellate Division, Third Department agreed with the office of Schuyler County Attorney Steven Getman that the children were permanently neglected and that a finding supported termination of the man's parental rights, thereby freeing the children for adoption.

“This Court found a sound and substantial basis in the record to support the findings of abuse and neglect,” the court held. “In 2015, the (man’s) daughter sustained severe injuries (including) a spiral fracture of her left tibia in March 2015 and a life-threatening subdural hematoma and bilateral retinal hemorrhages in May 2015.”

“(The) Family Court's determination to terminate respondent's parental rights was supported by a sound and substantial basis in the record,” the court held, noting that the father had failed to work with county agencies to rehabilitate himself.

“Despite the provision of numerous services, repeated reminders to engage in same, a court order requiring his cooperation and participation in such services and the passage of nearly three years from when respondent's children were removed from his care and the date of the dispositional hearing, (the father) had not completed parenting education and, more importantly, had only recently engaged in mental health treatment.”

The court’s decision, Getman said, means that the children can be adopted by fit and willing adoptive parents.

“We are happy that the court upheld the decision to terminate parental rights,” Getman said. “The injuries described in the original petition were horrific.”

“We want these kids to be safe and ready to have a loving and safe family take them in permanently,” Getman said. “The Commissioner of Social Services, JoAnn Fratarcangelo, is working to ensure that happens as soon as possible.”

The Schuyler County Department of Social Services is the lead civil investigative agency for cases of alleged child abuse and neglect. The Schuyler County Attorney is the prosecuting attorney for all county agencies involving civil cases, including family court matters involving abuse and neglect.

The names of the man and his children were withheld to protect the innocent.

The Office of Steven J. Getman, Schuyler County Attorney, represented the Department of Social Services. The father was represented by McGraw attorney Lisa K. Miller. Pamela Gee, of Big Flats, served as attorney for the subject children.

The complete decision can be found here

Matter of Logan C by on Scribd

Third National Domestic Violence Prosecution Conference announced

The Association of Prosecuting Attorneys (APA) is hosting its third National Domestic Violence Prosecution Conference on May 15-17, 2019 in Denver, Colorado.

The conference will focus on three domestic violence related themes:

• Staff Management;
• Practical Skills;
• Solutions & Innovations.

Faculty members will facilitate discussion and train participants on practical strategies and model practices.

The registration fee is $305 for APA members and $345 for non-members.

For more information, click here.