Second Amendment Legal Update: April 2025

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.

Schuyler County tables resolution to sue New York State; receives notice Hochul’s “no hire” order for fired Corrections Offices to expire April 9.

Watkins Glen, NY --The Schuyler County Legislature has tabled its resolution suing the state over Governor Kathy Hochul's executive order that banned fired striking Corrections Officers from seeking other public employment, after getting news that the order will expire April 9.

 

According to Schuyler County Attorney Steven Getman, on Monday (March 24) the legislature adjourned the action to its April 14 meeting, after the county received word from state officials that the relevant provisions of Hochul’s Executive Order 47.3 will expire and will not be renewed.

 

“After the county’s proposed lawsuit was announced, the New York State Division of Homeland Security issued a letter March 22 to all counties,” Getman said.  “That letter states the governor’s order prohibiting the hiring of correction officers whom she fired in connection with the strike is temporary,” Getman said.  “The letter says these provisions of the order will expire on April 9 and the governor does not intend to renew these provisions.”

 

“That means any local government, including Schuyler County will be able to hire any terminated correction officer any time on or after April 10.”

 

If the order does expire, Getman explained, the county has received the bulk of the relief it wanted in the lawsuit and the case would be moot.

 

Sheriff Kevin Rumsey agreed with the decision to table, noting that if the order is extended, the county legislature can authorize the lawsuit on April 14.

 

"If the order is not rescinded, I will ask the legislature to move forward to protect our ability to staff our jail with experienced personnel and to stand against unconstitutional overreach," said Rumsey.

 

Rumsey also expressed concerns with the governor’s plan to decertify the fired officers. 

 

“If she decides to push the issue of having them all decertified, counties will have to spend the time and money to ‘re-train’ these DOCCS CO's, which many of them have some considerable time on the job.  It would be a cost benefit to have them lateral rather than to have to send them through another academy.”

 

Rumsey, along with County Legislature Chair Carl Blowers, blasted Hochul’s “no hire” order affecting the corrections officers fired after a three-week strike, in a letter sent to her March 18.

 

“We write to express our strong opposition to your recent Executive Order, which unjustly prohibits Department of Corrections and Community Supervision (DOCCS) employees from being hired by other state, county, or local government workers…Leadership means standing up for workers, not abandoning them to serve political expediency.”

 

Blowers and Rumsey noted that the county is experiencing staffing shortages and sees this order as something that only worsens things for the county.

 

“It is unthinkable and outrageous that, in the same breath that you push for second chances through the Clean Slate Act, you are denying those who have devoted their careers to public service the chance to continue their work and support their families,” their letter states.

 

“We urge you to reconsider this ill-conceived, arbitrary, and capricious order and immediately reverse your decision.”

 

Schuyler County’s April 14 meeting will be held at 6:30 pm at the Schuyler County Courthouse, 105 Ninth Street, Watkins Glen, New York.  The public is invited and encouraged to attend.

Fair Trial/Free Press Conference: Spring 2025

Albany Law School, the New York State Judicial Institute, and the New York Fair Trial/Free Press Conference are sponsoring 2023 Fair Trial/Free Press Conference, to be held on Thursday, May 29, 2025, from 6:00 p.m. to 8:00 p.m.:

What happens if decades of legal precedent protecting a free press is suddenly turned on its head? Hear from a distinguished panel of experts from the media, courts, and bar as they explore

the legal, political, and ethical issues that arise in a hypothetical scenario.

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The conference combines a discussion of a hypothetical scenario with an overview of media law and constitutional law. An interactive discussion between the panelists and audience will follow the panel discussion.

This free event is open to the public and includes a reception before the program. Registration is required.

Interested persons can attend in person at the following location:

NYS Judicial Institute
Elisabeth Haub School of Law at Pace University
78 N Broadway
White Plains, NY 10603

For more information, including how to register, click here.

New York State Judicial Conduct Commission Releases Annual Report of Activity

In the 2025 Annual Report of its activities for 2024, released March 4, the New York State Commission on Judicial Conduct reported the following:

• 363 full-fledged investigations were undertaken.
• 11 judges were publicly disciplined: three judges were removed from office, three were censured and five were admonished.
• 13 judges resigned and publicly agreed never to return to judicial office.
• Seven other judges resigned while complaints were pending, where it had not been determined permanent departure from office was warranted or appropriate.
• 23 judges were issued confidential cautionary letters.
• 212 matters were pending at year’s end.

The New York State Commission on Judicial Conduct is the independent state agency that reviews complaints of ethical misconduct against the 3,500 judges and justices of the State Unified Court System and, where appropriate, renders public disciplinary Determinations.

The annual report is available here.

Schuyler County Expands Legal Services for Local Veterans with Free Legal Services Event

Schuyler County officials and Cornell Law School’s Veterans Law Practicum have announced a free civil legal services advice clinic event for local veterans and service members to be held this spring.

According to Schuyler County Veterans Services Director Crystal Kawski, the event will be held Wednesday, March 19, from 5:00 pm to 7:00 pm at the Schuyler County Human Services Building, Montour Falls, New York.

The event is intended to offer legal advice to veterans and service members on a variety of issues, including veterans benefits, discharge upgrades, eviction prevention, family law, estate planning, as well as benefits claims with the VA or Social Security Administration, Kawski explained. The clinic is not able to provide advice on any criminal matters, she noted. Law students and a supervising attorney will provide the legal assistance, she said.

The clinic, Kawski said, has been developed with the assistance of Schuyler County Attorney Steven Getman and Cornell adjunct professor James Hardwick, the Law School’s first full-time veterans law staff attorney.

Said Kawski: “The impact of having an attorney present onsite is incredible, especially when veterans apply for benefits or an upgrade in their military discharge. Studies show veterans are much more successful in claims for VA benefits when they have an attorney helping them.”

According to Getman, the county strongly encourages veterans to sign up in advance so they can secure a spot, though walk-in appointments will also be available. Information that will be helpful to receive during registration includes a short description of the issue, location and date of any pending hearings or deadlines, and names of any opposing parties.

Said Getman: “As the son and nephew of Navy veterans, I am proud to be able to assist our local veterans service agency in providing needed civil legal services. As a Cornell Alum (CALS ’86), I am happy that my alma mater can and will be giving something back to our local veterans community.”

Hardwick said that the clinic can offer 12 slots during the event. The clinic will be staffed with at least three law students plus a supervising attorney. Most advice will not be given on the date of the clinic but will come in a follow up advice letter after the students do any necessary research into the issue, he explained.

Said Hardwick: “We are happy to review any civil matters or claims veterans might have with state and federal agencies. We are grateful for the opportunity for our students to work with local veterans. The students will witness first-hand our obligation as lawyers to leverage our legal training in the service of others, especially for those who served our country.”

Veterans and service members seeking assistance at the event may contact the county veterans’ services agency at (607) 535-2091 or complete an intake form at the agency’s office, 323 Owego Street, Montour Falls NY 14865. Interested veterans and service members may also email: ckawski@schuylercountyny.gov.

If the event is successful, Schuyler County and the law school hope to host more legal assistance events for veterans and service members in the future, County Administrator Shawn Rosno said.

Said Rosno: “Schuyler County remains committed to our veterans. I want to applaud our veterans director and our county attorney for their initiative in setting up this event and I want to thank Cornell Law School for their assistance to our community.”

The Schuyler County Veterans Service Agency provides assistance to our Schuyler County veterans and members of the armed forces as well as their dependents and survivors through the pursuance of veterans benefits at the County, State and Federal levels and referrals to other agencies for possible assistance. This is done to promote better physical and mental health, improve quality of life and to ensure every veteran or dependent receives the benefits to which they are entitled.

The Schuyler County Attorney is the civil legal advisor to the county legislature and other county agencies, including the local veterans service agency. The county attorney prosecutes and defends civil actions on behalf of the county, in Family Court, Surrogates Court and New York State Supreme Court.

In Cornell Law School’s Veterans Law Practicum, students provide information, legal advice, and representation to veterans seeking legal assistance. Students work on cases, including to secure service-connected disability compensation, discharge upgrades, overpayment issues, and other related claims. In 2023, Cornell was one of three law schools nationwide to receive a $150,000 grant from the U.S. Department of Veterans Affairs to provide legal services for veterans experiencing or at risk of homelessness.

Second Amendment Legal Update: March, 2025

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.

Tips for New Yorkers to Protect Themselves from Predatory Debt Collectors

New York State officials have released a guide to help New Yorkers use the state’s Exempt Income Protection Act (EIPA) to protect their money from debt collectors:

The EIPA is a state law that prevents debt collectors from draining consumers’ bank accounts, leaving them unable to cover the costs of basic needs. The law automatically protects a certain amount of money in people’s bank accounts

from being frozen or seized, and also protects vital government benefits like Social Security, disability benefits, and veteran’s benefits.

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The EIPA automatically exempts a certain amount of money in people’s bank accounts from being frozen or seized. This protected amount is based on the minimum wage and is $3,960 for those in New York City, Long Island, or Westchester, and $3,720 for those anywhere else in New York as of January 2025. The EIPA also protects 90% of wages or salary earned in the 60 days before a debt collector attempts to seize funds.

Crucially, EIPA also protects government benefits and retirement funds from being frozen or seized, ensuring New Yorkers have enough money to pay their bills. These funds include:

• Social Security;
• Supplemental security income;
• Disability benefits;
• Unemployment insurance;
• Workers compensation;
• Veterans benefits;
• Spousal support, alimony, or child support; and
• Payments from public or private pensions and retirement accounts, such as 401(k)s or individual retirement accounts (IRAs).

For a copy of the guide, click here.

President's Day: President Ronald Reagan's Farewell Address to the Nation. January 11, 1989

Can a Thumbs-Up Emoji Form Binding Sales Contract?

At least, in Canada, yes. Technology and Marketing Law Blog has the details:

This is the instant-classic lawsuit involving a Saskatchewan farmer who text-messaged a “thumbs-up” emoji in response to an offer to buy his flax. The lower court found that the seller’s thumbs-up emoji constituted assent to the buyer’s offer and awarded the buyer $82k (Canadian) in damages. On appeal, the Saskatchewan Court of Appeals affirmed the decision on a 2-1 vote.

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The seller argued that he had used the thumbs-up emoji to acknowledge receipt of the buyer’s text, not to assent to it. The majority says that is theoretically possible...Nevertheless, the majority says that the seller chose this particular emoji in this particular context...As a result, the emoji functioned as a signature...

The blogger, Prof. Eric Goldman, suggests that the outcome would have been the same in the United States:

While Canadian law resembles US law about electronic signatures, the emoji-as-signature issue may have been an easier call in the US courts. I think that the E-Sign and UETA laws in the US make it entirely clear that the emoji usage in this context would satisfy their requirements as a signature.

Second Amendment Legal Update, February 2025

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.