Second Amendment Legal Update: December 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.

For a complete PDF copy of this month's update, click here.

New protections for domestic violence victims: NY’s Updated Address Confidentiality Program

Victims of domestic violence, stalking, sexual assault, and human trafficking now have another tool to help keep themselves safe from their perpetrators: The New York State Department of State has announced a new online application portal for the Address Confidentiality Program.

The new online application is designed to provide swift and secure enrollment into the program for individuals who could previously only apply through the mail or by fax.

In effect since November 1, 2019, the Address Confidentiality Program (ACP) "is a cost-free State program that allows victims of domestic violence to shield their actual address."

According to the Department of State:

Participants are assigned a substitute address which they will use for receipt of all first-class, registered and certified mail. The Secretary of State will also accept service of process on behalf of ACP participants. Participants' mail will then be re-packaged and mailed to their actual or mailing addresses. This program is one facet of an overall safety plan for victims of domestic violence. The ACP program is not a witness protection plan.

Using an ACP substitute address. Upon certification as an ACP participant, the participant will be provided with an ID card which will contain his/her name, unique ID number and the substitute address, which is a Post Office box in Albany, New York. The card will also indicate the expiration date for the program participant. ACP contact information is on the back of the ID card. The participant should use this substitute address in all dealings with state and local agencies, which are required by law to accept this address. Private companies such as utility providers, stores and other companies may not automatically accept the substitute address. Participants should show their ACP ID card to any of these entities when attempting to use the substitute address.

Participants in the ACP have designated the Secretary of State to accept any legal notices (process) on their behalf. The Secretary of State’s office will not reveal any identifying information to the process server. We will only verify whether the person being served is an ACP participant. A copy of any process will be mailed to the participant’s actual or mailing address via certified mail.

Any first class, registered or certified mail sent to the substitute address will be re-packaged and forwarded to the participant’s actual or mailing address. This is done on a daily basis, Monday through Friday (except holidays). Participants should expect a five to seven day delay in receiving their mail. ACP will not forward packages, periodicals and catalogs, unless clearly identifiable as pharmaceuticals (prescription drugs) or they were sent by a government agency.

For more information, click here.

Danks Burke Elections Lawsuit against Schuyler County dismissed.

Watkins Glen, NY (November 16, 2020)—A New York State Supreme Court Judge has thrown out the lawsuit filed by Democratic candidate  for NYS Senate Leslie Danks Burke against the Schuyler County Board of Elections.

 

In court on Monday, (November 16) Justice Christopher Baker agreed with the motion to dismiss filed by Schuyler County Attorney Steven Getman on behalf of the Board of Elections and dismissed the case in its entirety.  According to the motion papers, Danks Burke did not follow New York law to obtain jurisdiction over the Board.

 

The motion papers also stated that further proceedings, if any, would have shown the election count was done in accordance with New York State law and was decided on unanimous agreement of both election commissioners: Republican Joseph Fazzary and Democrat Carolyn Elkins.  Both commissioners had submitted an affidavit to the court asking that the case be thrown out.

 

Danks Burke, of Ithaca, was the Democratic Party candidate for state senate in the 58th district.  Unofficial results showed her trailing the Republican incumbent, Tom O’ Mara.

 

A complete copy of Schuyler County’s motion to dismiss can be found here.

Danks Burke has approximately thirty days to attempt to appeal the dismissal to the New York State Appellate Division of Supreme Court in Albany.

 

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Schuyler County moves to dismiss Danks Burke Election lawsuit

Watkins Glen (November 13, 2020)--The Schuyler County Board of Elections has filed a motion to dismiss the lawsuit filed by Democratic candidate for NYS Senate Leslie Danks Burke.

The motion was filed by Schuyler County Attorney Steven Getman on behalf of the Board of Elections. According to the court papers, Danks Burke did not follow New York law to obtain jurisdiction and the lawsuit must be dismissed.

The motion papers also state that further proceedings would allege the election count was done in accordance with New York law and was decided on unanimous agreement of both election commissioners: Republican Joseph Fazzary and Democrat Carolyn Elkins.

Danks Burke, in statements to the press, had singled out Fazzary for her complaint.

The case is currently scheduled to be heard in Schuyler County Supreme Court on Monday (November 16), with NYS Justice Christopher Baker presiding.

“Schuyler County is committed to full, fair and open elections,” Getman said. “Both our election commissioners, Republican and Democrat, work tirelessly to ensure that all proceedings are open and transparent.”

Danks Burke was the Democratic Party candidate for state senate in the 58th district. Unofficial results showed her trailing the Republican incumbent, Tom O’ Mara.

A complete copy of Schuyler County’s motion to dismiss can be found here.

Schuyler County Tax Foreclosure, Index No. 19-145, Notice of Petition and Petition in Foreclosure

 

Please take notice that on the 2nd day of November, 2020, the Treasurer, County of Schuyler (the “Enforcing Officer”) of the County of Schuyler (the “Tax District”), pursuant to law filed with the Clerk of Schuyler County a petition of foreclosure against various parcels of real property for unpaid taxes. Such petition pertains to the following parcels: [see exhibits A, B and C, annexed hereto and made a part hereof]

 

1. Effect of Filing: All persons having or claiming to have an interest in the real property described in such petition are hereby notified that the filing of such petition constitutes the commencement by the Tax District of a proceeding in the court specified in the caption above to foreclose each of the tax liens therein described by a foreclosure proceeding in rem.

 

2. Nature of Proceeding: Such proceeding is brought against the real property only and is to foreclose the tax liens described in such petition. No personal judgment will be entered herein for such taxes or other legal charges or any part thereof.

 

3. Persons Affected: This notice is directed to all persons owning or having or claiming to have an interest in the real property described in such petition. Such persons are hereby notified further that a duplicate of such petition has been filed in the office of the Enforcing Officer of the Tax District and will remain open for public inspection up to and including the date specified below as the last day for redemption.

 

4. Right of Redemption: Any person having or claiming to have an interest in any such real property and the legal right thereto may on or before said date redeem the same by paying the amount of all such unpaid tax liens thereon, including all interest and penalties and other legal charges which are included in the lien against such real property, computed to and including the date of redemption. Such payments shall be made to: Holley Sokolowski, Treasurer, County of Schuyler, 105 Ninth St, Unit 17, Watkins Glen, NY 14891.  In the event that such taxes are paid by a person other than the record owner of such real property, the person so paying shall be entitled to have the tax liens affected thereby satisfied of record.

 

5. Last Day for Redemption: The last day for redemption is hereby fixed as February 26, 2021. 

 

 6. Service of Answer: Every person having any right, title or interest in or lien upon any parcel of real property described in such petition may serve a duly verified answer upon the attorney for the Tax District setting forth in detail the nature and amount of his or her interest and any defense or objection to the foreclosure. Such answer must be filed in the office of the County Clerk and served upon the attorney for the Tax District on or before the date above mentioned as the last day for redemption.

 

7. Failure to Redeem or Answer: In the event of failure to redeem or answer by any person having the right to redeem or answer, such person shall be forever barred and foreclosed of all his or her right, title and interest and equity of redemption in and to the parcel described in such petition and a judgment in foreclosure may be taken by default.

Notice and Petition of Fore... by Steven Getman

Second Amendment Legal Update: November 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.

If you have not already done so, get out and vote.

Schuyler County Residents: Make your homeownership dreams a reality, with a Homebuyer Education Class

Join Ithaca Neighborhood Housing Services to learn how to become a successful and happy homeowner.

The class will be held virtually on Mondays, November 2, 9, 16 and 23 from 6:30 - 8:30 PM via Zoom and will cover:

• How much money you need to buy a home
• Your credit score and how it affects you
• How much house you can afford
• What a Realtor can do for you
• How to get a mortgage
• How to pick the right home
• Home Inspections
• How to protect your investment

Participants can also get a free copy of their credit report as well as free one-on-one support.

Down payment and closing cost assistance is also available to first-time buyers — find out if you qualify: The INHS service area includes: Cayuga, Chemung, Cortland, Schuyler, Seneca, Tioga, and Tompkins Counties.

The registration fee is $25.00 (Virtual Special for 2020: 2/3 off).

For more information or to register, click here.

New York State: Voting Key Dates, Resources & Hotline Information

A list of Voting Key Dates, Resources and Hotline Information is available here.

Schuyler County Legislature to Take Up Resolution Opposing the Issuance of a Permit to Operate A Waste Management Facility in The Town of Cayuta, County of Schuyler.

The Schuyler County Legislature will vote at its October meeting on a resolution opposing a proposed solid waste materials recovery facility in the county.

The resolution passed the legislature’s Community Development and Natural ResourcesCommittee in draft form on Tuesday (September 29, 2020).  It calls upon the Department of Environmental Conservation to reject the proposal of Alternative Waste Services Inc. for a facility in the Town of Cayuta, pending a revised application, additional public comment and “a full, fair and exhaustive environmental review of this project.” 

According to the draft resolution, Alternative Waste Services has proposed building a 10,575 square foot materials recovery facility off NYS Route 13 that would accept municipal solid waste, construction and demolition debris and source-separated recyclables.   The proposal is awaiting final DEC approval.  Earlier in September,  DEC waived a full environmental impact statement after finding that the project would result in no significant adverse impacts on the environment.

Schuyler County Legislature

However, in response to public concern, county officials reviewed the documents submitted to DEC and noted areas of concern with the current application, “which appear to be unaddressed or insufficiently addressed by the DEC review,” the draft resolution notes.  Among the public concerns cited in the draft resolution are that the facility could have potential negative impacts on tourism, agriculture and human health due to truck traffic and water pollution, as well as worries about possible expansion.  Therefore, the draft resolution requests that Alternative Waste Services submit a revised application to address legitimate areas of concern prior to any DEC decision on the project.

 Prior to passing the draft resolution, the committee heard from members of the public who spoke for and against the proposed facility, including a member of the Cayuta Town Board, a representative of Alternative Waste Services and a speaker from Seneca Lake Guardian, a nonprofit advocacy group.

The draft resolution was submitted to the committee by County Planning Director Kristin VanHorn, with input from County Administrator Tim O’Hearn, CountyAttorney Steven Getman and Committee Chairman Mark Rondinaro.

 The full legislature will consider the resolution at its meeting Tuesday October 13, at 6:30 pm at the Schuyler County Human Services Complex in Montour Falls. The public is invited to attend.  COVID-19 social distancing, crowd sizes and other safety measures will be in place.

 A copy of the draft resolution is available here.

Second Amendment Legal Update: October 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.