Monday, August 7, 2023
Second Amendment Legal Update: August 2023
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 copy of this month’s report, click here.
Monday, July 24, 2023
New York’s migrant lawsuit against Schuyler County dismissed.
New York City/Watkins Glen (July 19)--A state Supreme Court Justice has thrown out New York City’s lawsuit against Schuyler County over the county’s May state of emergency related the possible relocation of migrant asylum seekers within the state.
On Wednesday (July 19, 2023), Justice Lyle Frank granted Schuyler County Attorney Steven Getman’s motion to dismiss the case for a failure by the city to state a cause of action against the county.
In doing so, Frank agreed with Getman that the city’s case against the county was “non-justiciable” and that the city’s arguments for continuing the lawsuit were “speculative and without merit.”
Attorneys from New York City’s 850-lawyer Department of Law had argued that Schuyler County continued to oppose the city's use of hotels in its communities to provide temporary housing assistance to asylum seekers during the statewide migrant emergency, despite the county’s emergency order having expired.
The decision comes a day after Getman traveled to New York City for oral argument before Frank on the motion.
Getman said he was relieved but not surprised.
“We were likely to succeed on a number of our claims, including mootness, arguments that the city lacked standing against Schuyler County and that the lawsuit was brought in an improper forum,” he said.
In May, Schuyler County Legislature Chair Carl Blowers issued a local state of emergency for ten days that prohibited municipal programs from housing illegal migrants or asylum seekers. It also prevented any hotel, short-term rental and motel in the county from entering into a contract to house them. It was issued in response to plans by New York City Mayor Eric Adams to send asylum seekers to other areas of the state. Blowers’ order expired May 21.
In June, New York City sued Schuyler County and more than 30 municipalities and local leaders throughout the state, alleging the emergency orders illegally obstructed the city's efforts to relocate migrants upstate. The suit asked the state Supreme Court to invalidate the emergency orders on claims that they were unconstitutional. It also sought to prohibit the municipalities from taking steps that "restrict or frustrate" the city’s efforts to address the statewide emergency, which Gov. Kathy Hochul declared on May 9.
Judge Frank’s decision applies to Schuyler County only, Getman said. The other municipalities’ motions are expected to be addressed in separate orders.
According to Getman, the city has approximately thirty days to appeal Frank’s decision.
A complete copy of the Schuyler County Attorney’s Memorandum of Law supporting dismissal is here.
A copy of Frank’s decision is available here.
Monday, July 10, 2023
Schuyler County Tax Foreclosure. Index No. 21-21. Notice of Entry, Judgment of Foreclosure
SUPREME COURT: STATE OF NEW YORK
COUNTY OF SCHUYLER
COUNTY OF SCHUYLER
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.
NOTICE OF ENTRY: Judgment of Foreclosure
Index No. 21-21
PLEASE TAKE NOTICE that annexed hereto is a true and correct conformed copy of the Judgment of Foreclosure dated June 27, 2023 that was entered in the office of the Clerk of the County of Schuyler on June 28, 2023, at 10:37 a.m.
Enforcing Officer: Holley Sokolowski
Treasurer, County of Schuyler
105 Ninth St, Unit 17
Watkins Glen, NY 14891
Tel: 607.535.8181
Attorney for the tax district:
Steven J. Getman, Schuyler County Attorney
105 Ninth Street, Unit 5
Watkins Glen, NY 14891
Tel: 607.535.8121
PLEASE TAKE FURTHER NOTICE, notwithstanding the above judgment, you may have rights to repurchase the property pursuant to Schuyler County Buyback Policy/Practice, Resolution No. 484 of 2008, a copy of which is available at: https://www.schuylercounty.us/DocumentCenter/View/54/Minutes---2008- (Restictions and deadlines apply. Please contact the Treasurer for more details).
Monday, July 3, 2023
Second Amendment Legal Update: July 2023
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 copy of this month’s report, click here.
Monday, June 26, 2023
Schuyler County Coalition to Receive Anti-Drug Dollars
Congressman Nick Langworthy Announces Drug-Free Communities Grants for Erie, Chautauqua, Steuben, Schuyler, and Cattaraugus Counties:
Congressman Nick Langworthy is pleased to announce nine Drug-Free Communities grants for organizations aimed at preventing youth substance use in Erie, Chautauqua, Steuben, Schuyler, and Cattaraugus Counties."The Drug-Free Communities grants awarded to the five counties across my district represent a vital investment in our children and the future of our communities,” said Congressman Langworthy. “By empowering local coalitions and fostering collaboration among various sectors, these grants enable us to tackle youth substance use head-on with locally tailored solutions. Through evidence-based strategies and community engagement, I am confident that this grant will make a meaningful and lasting impact on our youth.”
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In Schuyler County, a grant will be awarded to the Schuyler County Coalition on Underage Drinking and Drugs.
The Drug-Free Communities (DFC) Support Program funds community-based coalitions that engage multiple sectors of the community to prevent youth substance use. This program provides grants of up to $125,000 per year for five years to community coalitions to strengthen the infrastructure among local partners to create and sustain a reduction in local youth substance use.
The Schuyler County Coalition on Underage Drinking and Drugs (SCCUDD) is a group of dedicated community members, businesses, and agencies. For more on the coalition, click here.
Monday, June 12, 2023
NYS Officials Announce Interagency Enforcement Actions Against Unlicensed Marijuana Businesses
June 8, 2023,Albany, NY:
Governor Kathy Hochul (on June 8) announced the launch of an interagency initiative to cease the sale of untested cannabis from unlicensed storefronts and trucks. Enforcement officers from the New York State Office of Cannabis Management and Department of Taxation and Finance conducted inspections at storefront businesses not licensed to sell cannabis and issuedFor more information on the new legislation, click here.Notices of Violation and Orders to Cease Unlicensed Activity, when appropriate. These actions will be replicated across the state to end public sales of untested cannabis by unlicensed businesses. As part of the FY 2024 Budget, Governor Hochul signed critical legislation allowing for these expanded enforcement actions against unlicensed cannabis businesses to take place.****
Governor Hochul signed legislation allowing for enhanced enforcement of unlicensed cannabis businesses as part of the FY 2024 Budget. The legislation allows the Office of Cannabis Management to assess civil penalties against unlicensed cannabis businesses that would undercut their efforts, with fines of up to $20,000 a day for the most egregious conduct. It also makes it a crime to sell cannabis and cannabis products without a license.
As a result of the legislation, the Department of Taxation and Finance can also conduct regulatory inspections of businesses selling cannabis to determine if appropriate taxes have been paid and levy civil penalties in cases where appropriate taxes have not been paid. The legislation also establishes a new tax fraud crime for businesses that willfully fail to collect or remit required cannabis taxes, or knowingly possess for sale any cannabis on which tax was required to be paid but was not.
Friday, June 2, 2023
Second Amendment Legal Update, June 2023
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 copy of this month’s report, click here.
Monday, May 29, 2023
Monday, May 15, 2023
The New York Courts During COVID-19 and Beyond
The Government Law Center at Albany Law School, as part of the 2023 Warren M. Anderson Legislative Series, will discuss the evolving practices and procedures in New York’s court system during COVID-19 and beyond.
The scheduled panelists are
Jessica Cherry, Esq. — Assistant Deputy Counsel for the New York State Unified Court System, Office of Court Administration
Hon. Craig J. Doran — New York Supreme Court Justice and Chair of the Commission to Reimagine New York's Courts’ Pandemic Practices Working Group
Hon. Fern Fisher (ret.) — Special Assistant for Social Justice Initiatives to the Dean of the Maurice A. Deane School of Law and Visiting Associate Professor of Law at Hofstra University
This free Zoom program is open to the public. CLE credit is available for attorneys who attend. Registration is required.
For more information, including registration, click here.
Thursday, May 11, 2023
Schuyler County issues state of emergency over relocation of illegal immigrants.
Watkins Glen, NY (May 11, 2023)--With Title 42 expiring on Thursday (May 11), Schuyler County has become the latest county in New York to issue a state of emergency over the relocation of illegal immigrants within the state, County Legislature Chairman Carl Blowers and County Administrator Fonda Chronis announced Thursday.
Blowers has issued an executive order that places the county under a Local State of Emergency that prohibits municipal programs from housing illegal migrants/asylum seekers. It also prohibits any hotel, short-term rental and motel in the county from entering into a contract to house them, or risk daily fines.
According to Blowers’ order there is reason to believe that these migrants could be transported to Schuyler County, with no reason to believe they will leave. The order finds a potential emergency for the public with the threat of large numbers of people being transported to the county.
The order notes that New York City Mayor Eric Adams has put in place plans to send illegal aliens to other areas and that Governor Kathy Hochul issued a May 9 Executive Order to boost support for asylum seekers. It also notes that Tompkins County, which borders Schuyler County is a sanctuary county, increasing the chances of migrants finding their way to Schuyler County.
The county doesn’t have the appropriate services to take in large numbers of people, especially given its small population, and there is no legal basis to provide services to them through the Department of Social Services, the order states.
Under the order, anyone found in violation of the emergency rules may be liable for a civil penalty of up to $2,000 per migrant/asylum seeker per day, and could be found guilty of a Class B Misdemeanor. The Schuyler County Sheriff is authorized to issue appearance tickets for any violation and the County Attorney may commence civil lawsuits against violators as well.
Blowers has set the emergency order to be in effect for five days unless sooner modified, extended, or revoked, and may be extended for additional periods.
A complete conformed copy of the Local Emergency Order is available below
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