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Attorney Steven Getman reports that New York State has enacted legislation to enhance the criminal penalties for assaulting employees of a county social services district while in performance of their duties.

On Friday, August 17, 2012, Governor Cuomo signed A.4672-S.7720 and it became Chap. 434 of the Laws of 2012.

The new law extends the penalties provided for assaults against other public employees (such as, police offers and school employees) to cover the safety of government workers who deliver social services. This law makes assaulting an employee of any local social services district while performing duties directly related to his or her job, a Class D felony, punishable by up to seven years in prison

Supporters of the law hope that elevating the current penalty from a misdemeanor to a felony will help serve as a deterrent to those that would use physical force against those who work to protect children and seniors.

The law goes into effect on Nov. 1, 2012.

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Steven Getman Attorney Franklin & Gabriel Law Office

Steven Getman County Assigned Counsel, 2008-2011

Steven Getman Seneca County Stop-DWI Coordinator, 2007

Steven Getman Seneca County Attorney, 2002-2007

Steven Getman Seneca County Social Services Attorney, 1995-2001

Steven Getman Attorney Midey & Swinehart, 1995-2001

Steven Getman Seneca County Public Defender, 1995

Steven Getman Seneca County Law Guardian Panel, 1992-1995

Attorney Steven Getman reports on a number of stories about the law and lawyers in the news this week

New law to help low-income defendants make bail: charities may now post misdemeanor bonds

Attorney Steven Getman reports that New York State enacted legislation today (July 18, 2012) that allows the creation of charitable organizations which could post up to $2,000 in bail for low-income defendants charged with misdemeanor crimes.

The law allows a new type of entity, charitable bail organizations, to function with fewer requirements but still under the oversight and regulation of the Department of Financial Services. Previously, organizations that posted bail on behalf of a defendant had to meet the state law requirements designed to regulate for-profit corporations engaged full-time in the bail bond business.

Charitable bond organizations will be required to register as a 501(c) (3) organization and may not charge a premium or fee for their services.

The law takes effect in 90 days.

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Steven Getman Attorney

Steven Getman Franklin & Gabriel law office

Steven Getman County Assigned Counsel, 2008-2011

Steven Getman Seneca County Stop-DWI Coordinator, 2007

Steven Getman Seneca County Attorney, 2002-2007

Steven Getman Seneca County DSS Attorney, 1995-2001

Steven Getman Seneca County Public Defender, 1995

Steven Getman Seneca County Law Guardian Panel, 1992-1995

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http://tinyurl.com/7olnrjl

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http://tinyurl.com/72opsae

NOTICE IS HEREBY GIVEN that the Town Board will hold a public hearing on the following proposed Local Law at the Town Office Building, 7160 North Main Street, Ovid New York at 7:00 p.m. on the 8th day of August, 2012: PROPOSED LOCAL LAW NO. BB OF THE YEAR 2012, A local law enacting an Eighteen-month Moratorium On The New Construction/Establishment Of Kennels And/Or Pet Breeders In The Town Of Ovid.

By Order of the Town Board of the Town of Ovid

James Vangalio, Town Clerk

Steven J. Getman, Attorney for the Town of Ovid

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Steven Getman Attorney Franklin & Gabriel Law Office

Steven Getman County Assigned Counsel, 2008-2011

Steven Getman Seneca County Stop-DWI Coordinator, 2007

Steven Getman Seneca County Attorney, 2002-2007

Steven Getman Seneca County Social Services Attorney, 1995-2001

Steven Getman Attorney Midey & Swinehart, 1995-2001

Steven Getman Seneca County Public Defender, 1995

Steven Getman Seneca County Law Guardian Panel, 1992-1995

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http://tinyurl.com/7t27nll

http://tinyurl.com/7olnrjl

http://tinyurl.com/6oxk5vo

http://tinyurl.com/72opsae

NOTICE IS HEREBY GIVEN that the Ovid Town Board will hold a public hearing on the following proposed Local Law at the Town Office Building, 7160 North Main Street, Ovid New York at 7:00 p.m. on the 8th day of August, 2012: Proposed Local Law No. “AA” of 2012, a local law enacting a moratorium on natural gas and/or petroleum exploration activities, natural gas and/or petroleum extraction activities, and/or natural gas and/or petroleum support activities in the Town of Ovid.

James Vangalio, Town Clerk, Town of Ovid

Steven J. Getman, Attorney for the Town of Ovid

Attorney Steven Getman reports that Governor Andrew Cuomo has signed off on a measure that will consolidate the Ovid and Lodi town courts after the first of the year.

Attorney Steven Getman reports that Chesapeake Appalachia, L.L.C. will allow over 4,400 landowners who were locked into potentially unfavorable natural gas leases the opportunity to renegotiate with the energy company as part of a June 14 agreement with the State of New York.

Attorney Steven Getman is warning area residents to beware of scams concerning asphalt paving
and driveway sealing.
The scams crop up every summer and follow a similar pattern, Getman said.
“Homeowners or merchants will be approached by a paving company rep making a cold call to
say he’s got asphalt left over from another job, and offering patchwork repairs at a low price,”
Getman explained.
However, once an oral agreement is struck the pavers will commence to refinish the entire
driveway or parking lot, and then present the victim with an exorbitant bill.

Matter of Abbi M. 2007 NY Slip Op 00806 [37 AD3d 1084] February 2, 2007 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007 

In the Matter of Abbi M. and Others, Infants. Seneca County Division of Human Services, Respondent; Carolann M., Also Known as Smokey C.M., et al., Appellants.

—[*1] Michael G. Conroy, Waterloo, for respondents-appellants.

Steven J. Getman, Seneca County Attorney, Waterloo (Frank R. Fisher of counsel), for petitioner-respondent.

Charles Plovanich, Law Guardian, Rochester, for Abbi M., Anthony M., Also Known as Mac Anthony E.M., Carolann M. and McKinzie M.

Appeal from an order of the Family Court, Seneca County (Dennis F. Bender, J.), entered August 2, 2005 in a proceeding pursuant to Family Court Act article 10. The order, among other things, adjudged that the children are neglected children and placed them in the custody of petitioner for a period of 12 months.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs.

Attorney Steven Getman reports that New York State residents may soon have new safeguards against intrusive telemarketing calls.

The New York State Senate gave final legislative passage on Wednesday (June 13) to a bill that protects New Yorkers from unwanted telemarketing practices. The bill regulates all telemarketers who do business in New York, wherever they may be located, and adds new consumer protections from telemarketers’ robocalls. The legislation has also passed the state assembly.

The bill creates new regulations for out of state telemarketers who call New York residents. Previously, out of state telemarketers could continue to do business in the state and not be subject to civil and criminal penalties established for violations of the state’s existing law.

The legislation would also prohibit prerecorded telemarketing calls, also known as robocalls, without the recipient’s express written consent, and require that prerecorded calls provide an opt-out mechanism to allow recipients to automatically add their phone number to the telemarketer’s do-not-call list and then terminate the call.

The bill will be sent to Governor Andrew Cuomo.