Second Amendment Legal Update January, 2020

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd amendment rights for the residents of New York State.

Schuyler County SCOPE NY Legal Update 2020 01 by Steven Getman on Scribd

Schuyler County Reorganizes, Blowers elected Chair of legislature

Republican Carl Blowers, of Dix, was elected Chair of the Schuyler County Legislature at its annual reorganizational meeting held Thursday. The vote was unanimous among the legislature’s eight members.

In other action, the legislature reappointed Stacy Husted, of Montour Falls as Clerk of the Legislature, Steven Getman, of Watkins Glen, as Schuyler County Attorney and Wesley Roe as Public Defender. Tim O’Hearn continues at County Administrator.

Prior to the voting, County Court Judge Matt Hayden administered the oath of office to newly elected legislators Mark F. Rondinaro (District VII) and Gary L. Gray (District VIII). Blowers, a retired businessman, was first elected to the legislature in 2014 and re-elected in 2018. He is active in a number of organizations, including: the Watkins Glen Area Chamber of Commerce, the Montour Falls Library, the Arnot Art Museum, the Food Bank of the Southern Tier, the Erie Canal Way Heritage Fund, the United Way of Schuyler County and Catholic Charities of Chemung and Schuyler counties. He has served as a member of the Regional Board of Trustees of Corning Community College as well as its Chairman.

Blowers replaces outgoing chair Dennis Fagan, who did not seek re-election to the legislature.

The County of Schuyler is governed by an eight-person legislature, headed by its Chair. Members serve staggered four-year terms. The legislature, in turn, appoints various department heads to oversee the county’s day to day operations, including the county administrator, public defender, county attorney and clerk to the legislature.

The current members of the legislature are James W.D. Howell, Jr., Gary L. Gray, David M. Reed, Michael L. Lausell, Mark F. Rondinaro, Van A. Harp, Philip C. Barnes and Carl Blowers, Chairman.

New laws for New York in 2020

Gannett News reports on a number of the new laws enacted by the New York State Legislature and scheduled to go into effect on January 1, 2020. They include:

• Adoptees can access birth certificates;
• Farmworkers get overtime pay, mandatory rest;
• Cash bail, discovery reforms;
• Safety course requirement for motorboats;
• Teens can 'pre-register' to vote;

For more on these new laws, click here.

New York courts and officials prepare for implementation of bail and discovery reforms. New resources available.

With the discovery and bail reform laws taking effect January 1, 2020, judges, attorneys and other court officers have new resources to help them prepare for and comply with the new procedure:

• New York's Discovery Reform Law: A Bench Book for Judges serves as a guide to the many aspects of the reform such as the prosecutor’s discovery obligations, the defendant’s reciprocal discovery to prosecution, timing requirements, protective orders, and trial readiness.
• New York's Bail Reform Law: A Bench Book for Judges provides information about the new law and gives attorneys notice on information upon which judges are likely to be relying.

In addition, the Queens District Attorney's Office has compiled a list of those crimes for which bail no longer will be an option.

For more on discovery reform laws, click here.   For more on the bail reform laws, click here.

National Human Trafficking Summit

The Association of Prosecuting Attorneys (APA) is hosting the inaugural National Human Trafficking Prosecutorial Summit on January 7-8, 2020.

The summit will focus on the needs of jurisdictions responding to human trafficking cases. Experienced prosecutors and other allied professionals will facilitate discussion and train participants on practical strategies and model policies in the prosecution of human trafficking.

Topics to be discussed include:

Demand Reduction;
Creative Prosecution and Charging Decisions; Working with Victims;
Neuroscience of Trauma;
Task Force Models;
Illicit Massage Parlors; and
Labor Trafficking

For more information, or to register, click here.

New law aims to protect rent-controlled tenants from landlord harassment

New York State enacted A.6188/S.2605 on Tuesday (December 3). According to supporters of the law, it will protect rent-regulated tenants from landlord harassment intended to force tenants out of their homes.

The new law increases penalties for when a landlord seeks to force out two or more rent-regulated tenants by creating unsafe, disruptive, or uninhabitable conditions. A landlord engaging in this conduct against one tenant may be guilty of a Class A misdemeanor for harassing a rent-regulated tenant. Where the conduct impacts two or more tenants, a landlord may be guilty of a Class E felony. A landlord guilty of multiple convictions for misdemeanor conduct under these new provisions within five years can be charged with a Class E felony.

Previously, supporters say, the law only provided protections to tenants who could demonstrate physical injury and failed to take into account the conditions caused by the landlord.

For more information on the new law, click here.

Schuyler and Chemung Counties prevail in emergency tower site appeal.

Albany, New York--Schuyler and Chemung Counties have again prevailed in their five-years-long court battle against an adjoining landowner regarding the counties’ use of the Terry Hill Emergency Tower site (and right of way), owned by Schuyler County,  near Beardsley Hollow Road in Chemung County.

On Thursday (December 5) the New York State Supreme CourtAppellate Division upheld the prior judgment affirming Schuyler and ChemungCounty’s continued right to use the site and related easement for emergencyradio and voice communications.

Schuyler County Attorney Steven Getman

The County of Schuyler was represented on appeal by Schuyler County Attorney Steven Getman.  Chemung County was represented by Syracuse attorney Gabrielle Figueroa.   Elmira attorney Scott Moore represented appellant William Hetrick, the adjoining landowner. 

According to court records, both counties had used the site for radio and voice communication for over fifty years. In 2012, the two counties began to update and replace the emergency communications tower at the site.  Hetrick objected to the upgrade, arguing that it violated a restrictive covenant related to his land.  In October 2014, the counties sought a declaratory judgment from Chemung County Supreme Court.  The counties maintained that the use of the property was proper and necessary for public safety.  Hetrick filed a counterclaim thereafter.  In March 2018, Supreme Court Justice Judith O’Shea ruled in the counties’ favor.  O’Shea held that the new tower and equipment were consistent with the deed language, as was continued cooperation between Schuyler and Chemung counties.

O’Shea’s judgment was unanimously affirmed in Thursday’s ruling.

“We are pleased with the appellate court’s decision,”  Getman said.  “A ruling against the counties could have eliminated a critical public service from Schuyler County.”

The site is the single transmission site for the entire Schuyler Public Safety Communication system, Getman explained.  The county uses this system to dispatch nine volunteer fire departments, three ambulance services, multiple police agencies and local highway departments, he noted.

Various Schuyler County agencies assisted in gathering information and providing evidence to support the counties’ case during the litigation, including:  Emergency Management Director William Kennedy, the County Administrator, the Clerk to the Legislature, the County Clerk, the County Treasurer, the Highway Department and Buildings and Grounds.

Hetrick has approximately thirty days to seek leave to appeal to the New York State Court of Appeals.

Genesee County man sentenced in Schuyler County for failure to pay child support

Watkins Glen, NY (November 25, 2019)--A Bergen (Genesee County) man was given a 120-day stayed jail sentence for not paying past-due child support, following an appearance in Schuyler County Family Court on Monday (November 25, 2019).

According to County Attorney Steven Getman, the respondent was found in willful violation of a prior court order because he failed to pay nearly $7000.00 ($6943.22) in back support for his two children, who reside with their mother in Schuyler County.

Court records indicated that the last payment was made June 2016, Getman said.

After hearing from the parties, Acting Schuyler County Family Court Judge John Rowley determined that the respondent should be punished for contempt of court. Therefore, he sentenced the respondent to 120 days in jail, with the opportunity to “purge” the sentence if he paid at least $3000.00 towards the back child support prior to January 3, 2020. If the sentence is not purged, Rowley held, the man would be incarcerated on that date.

The case was prosecuted by Assistant County Attorney Vinton Bovier Stevens. The respondent was represented by Ithaca attorney Nicole Pence.

Under New York State law, parents who willfully fail to obey court orders of child support can be sentenced to up to six months for contempt of court, Getman noted.

The county attorney’s office represents the Department of Social Services in prosecuting child support cases brought in the family court by that agency. In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.

The county attorney’s office was assisted in the prosecution and presentation of the case by employees of the county’s child support enforcement unit.

The man’s name was not released to protect the privacy of his children and family.

Holiday Shopping Season: Beware these "Black Friday" and "Cyber Monday" scams.

With Thanksgiving only a few days away, the public should look out for the oncoming influx of scams tied to holiday shopping.

Business Insider asked experts for the warning signs that shoppers should be aware of when it comes to Black Friday deals. They include:

• Don't fall for early temptations — the deals could be better on the actual day of Black Friday. Don't fall for early temptations; the deals could be better on the actual day of Black Friday.
• Watch out for deceptive store hours.
• Be careful with handing out sensitive information when you're calling stores to put items on hold.
• Examine all delivery-related emails and texts closely — some of them may not be legitimate.
• Beware of fake offers from non-trusted and third-party sites.
• Don't fall for unusually high discounts or sales.
• Watch out for stores suspending their price-matching policies, or else you could end up stuck with a bad purchase.
• Read the fine print on coupons and promotions — your favorite products might be excluded.
• Be wary of freebies. • Beware of door-buster deals.
• You'd be wise to ignore deals on certain products that will get even cheaper at other times of the year — even as early as December.

Meanwhile, the Detroit Free Press offers other tips to stay safe on Black Friday and Cyber Monday:

• Beware of pitches for hot toys you can't find.
• React fast if your password doesn't work.
• Take the extra steps for ID verification.
• Examine that gift card before you buy it.
• Don't fall for text from the bank — it's a scam.
• Be aware of e-skimming.
• Be wary of attachments in any email that you receive.
• Use a credit card, instead of a debit card online, for more consumer protection.

New York enacts new adoption law allowing release of original birth certificates

From Syracuse.com:

For the first time since 1935 when the state sealed adoption records, adoptees will be able to obtain their original birth certificate when they turn 18 and find out the names

of their birth parents....

New York law prevented... adoptees to obtain their original birth certificates because the state sealed birth records to protect the privacy of mothers and fathers who gave up their children for adoption.

Supporters of the bill argued that times have changed, and that adoption no longer carries the stigma it did decades ago. It’s also easier to track down relatives through advances in genetic testing and online ancestry sites....

The law will go into effect Jan. 15, 2020. The legislation directs the state Department of Health to develop a process to handle adoptee requests for the records.