September 2019 Archives

BY BETH FERTIG, WNYC

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New York City local law prevents police and jails from honoring detainer requests from ICE, which would require holding someone past 48 hours in order to facilitate a transfer of custody. There are exceptions if the person has been convicted of, but not merely charged with, one of 177 serious offenses in the past five years (that includes seven new crimes added this year). There also has to be a warrant signed by a federal judge.

City officials have defended this limited cooperation by noting a 2018 appellate court ruling that found that local law enforcement holding someone beyond their release date in order to transfer them over to ICE is a violation of state law.

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Prosecutors and Public Defenders File Lawsuits to Halt ICE Courthouse Arrests

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A group of legal organizations announced the filing of two lawsuits on Wednesday, claiming that arrests at courthouses by Immigration and Customs Enforcement without a judicial warrant are unconstitutional.

ICE's courthouse arrests have caused a chilling effect that has scared immigrants out of attending court and is, therefore, a violation of their constitutional rights to access the legal system and New York state law preventing civil arrests at courthouses, the lawsuits claim. 

"When ICE targets witnesses and victims for arrests, it deters noncitizens and immigrants from assisting in state and local law enforcement efforts or protecting their own rights in court," said New York State Attorney General Letitia James said during a press conference announcing the lawsuit in Foley Square. 

The Legal Aid Society filed one lawsuit with co-counsel Cleary Gottlieb Steen & Hamilton LLP, which seeks a permanent injunction on the practice. They're representing a victim of domestic abuse who is afraid to go to court due to ICE's courthouse arrests. 

The New York State Attorney General and Brooklyn District Attorney filed a separate lawsuit that argued the arrests prevent the administration of justice, violate the Administrative Procedures Act and the constitution.

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MEMO: New Tax Law Section 1409 - New Requirements for TP-584 and NYC RPT Forms

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Amy Jasiewicz
Sep 26, 2019 3:22 PM
Amy Jasiewicz

On September 13, 2019, Governor Cuomo signed into law an amendment to Section 1409(a) of the NY Tax Law requiring additional information to be provided upon filing Form TP-584 when the grantor or grantee of a 1-4 family residence, is an LLC.  The new law is effective immediately and requires the identification of the names and business addresses of all members, managers and other authorized persons of the LLC.  The statute goes on to state that if a member, manager or authorized person is itself any type of business entity (not just an LLC) the names and addresses of shareholders, directors, and authorized persons need to be provided until full disclosure of ultimate ownership by natural persons is achieved.  The New York State Department of Taxation and Finance has not yet amended Form TP-584 and we are unsure to what extent the statute will require disclosure in situations where large companies, estates, trusts or the like are among the members, managers or authorized persons.  In any event, it is our understanding that county clerks will immediately being enforcing the law.

Jerry Antetomaso, Esq.

Chair
Real Property Law Section

Evans Fox LLP


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Amy Jasiewicz
New York State Bar Association
Albany NY
(518) 463-3200
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Editor's Note:

Click through and scroll down for interim forms from A&G Title...

Celebrating 230 Years of the U.S. Courts | United States Courts

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September 24, 2019

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On this day in history, President George Washington signed the Judiciary Act of 1789 establishing a federal court system separate from state courts. The 230-year-old act set forth a three-tier federal court structure of one Supreme Court and two levels of inferior courts.


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 Gov. Andrew Cuomo appointed three people to a commission charged with evaluating state judges' salaries - nearly four months after a legally mandated deadline to do so, although state legislative leaders must still make their appointments, the Daily News reports.

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A town justice in New York state's North Country has resigned after he was found to have posted an image of a noose on social media with a caption that read, in capital letters: "If we want to make America great again, we will have to make evil people fear punishment again."

The New York State Commission on Judicial Conduct announced Tuesday that the justice resigned while under formal disciplinary charges.

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by Dan M. Clark 

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Before autonomous vehicles get the green light in New York, an unprecedented task force convened by the State Bar Association is preparing to make recommendations on how liability should be determined in the event of accidents, and procedures and standards for arriving at those results.
 
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What Actually Happens When You Block Someone on Your iPhone

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Thorin Klosowski and Emily Long

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The iPhone has a built-in blocking feature, but have you ever wondered what exactly happens when you block someone?

The short answer: you get fewer unwanted texts and calls, and the people you block are none the wiser.


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Conducting a Managerial Audit   - Blumberg Blog

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Audits have been used since ancient times to protect assets and assure financial reports. During the 1900's, the use of audits expanded to reviews of management practices. Managerial audits help organizations avoid malpractice by assessing procedures and processes. Law firms of all sizes can use managerial audits to implement best practices in the office and the courtroom. Read on to learn more about managerial audits and resources for conducting one at your firm.

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Advanced Financial & Health Directives for Service Members--NYSBA

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Thursday, September 26, 2019 | 12:00 p.m. - 1:00 p.m. Webinar

This program will discuss civilian and military power of attorney forms and procedures and health care proxy/living will forms.  The differences in non-military and military forms to assist your deployment will also be discussed.

1.0 MCLE Credit: 1.0 Areas of Professional Practice

NYSBA Member Price: $50 | Non-Member: $100

Learn More and/or register online.

Sponsored by the Committee on Veterans and the Committee on Continuing Legal Education of the New York State Bar Association.



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Kathleen Plog
New York State Bar Association
kplog@nysba.org (518) 487-5681
Albany, NY
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Tesla's Sentry Mode Watched A Fistfight Go Down In DC | CleanTechnica

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Tesla's Sentry Mode watched a fistfight go down in DC a few days ago. In the video posted on YouTube by Adeel Chohan, two guys wearing DCG tee shirts come from around the corner at a fast pace and then break out into a bouncy fistfight that has them jumping back and forth.


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People seem to forget that there are cameras everywhere. Somewhere, someone is watching. In this case, it was a Tesla with Sentry Mode activated. One thing we can all learn from this is that Teslas make great eyewitnesses to all aspects of life.

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UPDATE:  BOSTON (AP) 

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By The Boston Globe updated at 2:53 PM

BOSTON (AP) -- Massachusetts' highest court has sided with Boston's district attorney in a dispute over the prosecution of counterprotesters arrested during a ''straight pride'' parade in Boston on Labor Day weekend.

A state Supreme Judicial Court justice ruled Monday that Boston Municipal Court Judge Richard Sinnott had ''no authority'' to force Suffolk County District Attorney Rachael Rollins's office to prosecute a counterprotester arrested at the parade.

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  • Public Health Law §2164, as amended by Chapter 35 of the Laws of 2019, ended the non-medical immunization exemption and prohibits a school from permitting any child to be admitted to such school, or to attend such school, in excess of 14 days without sufficient evidence that the child has received all age appropriate required vaccinations; with limited exceptions as described below. 
  • For year round programs, the 14 day clock started on June 14.   For students who were enrolled in summer school or an extended year program, the first day of summer school is when the 14-day window started.  For all other students attending school in the Fall, the 14-day window starts with the first day of school in September.
  • A student who did not attend summer school or an extended school year program is permitted to attend school in the fall for 14 days without proof of immunizations. However if by day 14 they have not provided proof of having received the first dose in each vaccinations series, such student must be excluded beginning on day 15; except as otherwise described below.
  • The 14 days may be extended where the student is transferring from out of state or from another country and can show a good faith effort to get the necessary evidence or where the parent, guardian or any other person in parental relationship can demonstrate that a child has received the first age-appropriate dose in each immunization series and that they have age appropriate scheduled appointments for follow-up doses to complete the immunization series in accordance with the CDC's Advisory Committee on Immunization Practices Recommended Immunization Schedules for Persons Aged 0 through 18.   
  • A student with a valid medical exemption may attend the school.

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Albany starting to grapple with facial recognition technology | Newsday

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By Yancey Royyancey.roy@newsday.com  @yanceyroy


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ALBANY -- A western New York school district's bid to become the first to install facial recognition technology in its building hallways has sparked a state review and calls to either place a moratorium on such technology or ban it outright.

It's the latest installment of the growing battle over facial recognition technology in Albany -- a clash occurring in cities, towns and state legislatures around the nation as the surveillance machinery develops.

"Privacy, data protection and surveillance, in all its forms, are issues the state needs to take up," said Sen. Brian Kavanagh (D-Manhattan), co-sponsor of a bill to put a moratorium on schools' use of the technology. "It's long overdue."

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Here's who could lose food stamps under Trump's proposed changes | PBS NewsHour

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On July 24, the Trump administration proposed changing one way states calculate who is eligible to receive SNAP benefits. This policy is called broad-based categorical eligibility, and it was designed to give states further discretion to determine who needs food stamps beyond federal requirements.

Under this proposed rule, people whose gross income is 130 percent above the federal poverty line (slightly more than $16,000 for one person) or have more than $2,250 in assets, will no longer qualify to receive federal food benefits.

That means an estimated 3.6 million Americans would no longer receive food stamps under the new rule. That's nearly one out of 10 households -- or 1.9 million homes -- where people currently receive SNAP benefits in 42 states and territories, according to Mathematica's analysis of the data.

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Shannon Sswiatek 

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Empire Justice Center and the National Center for Law and Economic Justice have reached a settlement in a class action lawsuit.  The lawsuit claimed that the New York State Office of Temporary and Disability Assistance (OTDA) violated the law by failing to provide legally adequate notices to people receiving Supplemental Nutrition Assistance Program (SNAP) whose benefits were reduced or terminated because of the time limit for Able-bodied Adults without Dependents (ABAWDs). The case is called Brooks v. Roberts, 16-CV-1025 (NDNY). ...

Individuals are members of the settlement class if, between January 1, 2016 and December 31, 2018, they received SNAP benefits that were reduced or terminated for failing to meet a work requirement applicable to ABAWDs. The Court ordered that this Notice of Proposed Settlement of Class Action, available here, be provided to class members.

The Court will hold a Hearing on September 17, 2019 to consider whether to approve the settlement. Class members can review the full settlement agreement submitted to the Court here

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By Eric Levenson and Taylor Romine, CNN

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(CNN)Suffolk County prosecutors moved to dismiss charges against some of the nearly three dozen people arrested during the "Straight Pride Parade" in Boston, saying the allegations were not worth prosecuting.

But Boston Municipal Court Judge Richard Sinnott refused. He arraigned many of the defendants anyway.
Susan Church, a defense attorney representing protesters, objected to that decision and interrupted Sinnott to argue he did not have the authority to do that. Sinnott then ordered her handcuffed and placed her in custody for contempt of court.
That stunning courtroom face-off and arrest this week have sparked a heated debate about the legal separation of powers, free speech,and a prosecutor's ability to carry out reform-minded agendas.
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A state judge in Albany has struck down a cap on outside income for members of the Legislature promulgated by a committee last year as a trade-off for a raise of about $50,000 over three years for those officials.

But Albany County Supreme Court Justice Richard Platkin upheld the pay hike in his decision handed down Thursday, which conflicts with a different ruling on the matter from June.

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The two differing opinions, both handed down by state judges in Albany, will effectively set up arguments on the issue to be evaluated by the Appellate Division, Third Department sometime in the near future.


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