#theresa philbin

[getmanlaw]

Schuyler County may ask state to reject legislation that could close shooting ranges statewide

A proposed bill in the New York Senate is a gun control law being presented under the guise of an environmental law, warns the Schuyler County Clerk. 

According to County Clerk Theresa Philbin, "the Sporting Range Good Neighbor Act," currently pending in the New York State Senate, would place heavy restrictions on shooting ranges, due to proximity to wetlands and open water sources, potentially forcing existing ranges to close.  

That, in turn, would prevent people from getting pistol permits.  It would also mean local school shooting leagues would have no place to practice. 

At Philbin’s request, on Monday (May 13) the Schuyler County Legislature will consider a resolution asking state officials to reject the bill.

The proposed resolution, drafted with the assistance of Schuyler County Attorney Steven Getman, cleared the county’s Management and Finance Committee in April.   It points out that the proposed act “will cause severe hardship on the clubs, members and schools who depend upon the fish and game clubs for this very popular recreational sport in Schuyler County and the Finger Lakes with no empirical evidence that the mandates and restrictions are necessary.”

“This Bill is based upon misinformation as to the trajectory of skeet shots, and the reason why most trap and skeet fields have been operating for decades without the need for this additional legislation,” the resolution notes.

“This mis-named Act would require skeet field tracts at shooting ranges to be a minimum of 600 yards by 300 yards….Participants are shooting shotguns with small lead pellet loads which are only capable of traveling a maximum distance of 150-200 yards; in addition, most clubs reclaim the expended pellets for reuse.”

The bill says these restrictions will prevent lead from bullets getting into the environment.

Critics of the bill, including Philbin, have noted that shooting ranges already have to meet restrictive guidelines to operate safely, costing them up to $100,000, and that restrictions will cost thousands of dollars more, possibly forcing them to close.

“This Bill essentially will force most ranges and clubs to build a covered backstop and be required to follow the State rules regarding lead reclamation,” Philbin said. “Most if not all clubs will not be able to afford to comply with these regulations.”

Getman noted that closing ranges could impact citizens’ ability to obtain a pistol permit under New York State’s gun control laws.

“If you wish to apply for a concealed carry license, you need to complete the Concealed Carry Firearm Safety Training Course,” Getman said.  “Often, those classes are held at the local ranges.”

“Forcing those ranges to close would effectively prevent many New Yorkers from exercising their Second Amendment rights.”

According to Philbin, it is not just club members who participate at these ranges, but also school trap teams.    “When you look at those kids that are on school-sponsored sports teams, they get better grades in school, they have a lower dropout rate, they stay away from alcohol and drugs and tobacco,” she said.  

"This legislation could negatively affect students’ futures.  That’s why we want to protect our clubs."

The county’s resolution, if passed, will be sent to Gov. Kathy Hochul and the county’s representatives in the New York State legislature, Senator Thomas O’Mara and Assemblyman Philip Palmesano, asking each to oppose the bill.

The Schuyler County Clerk is the point of contact for pistol permit processing in Schuyler County. Amendments to the permit, name and/or address changes, transfers to/from other counties, as well as suspensions are made through the office. Pistol permit records are kept in the office, the original of each record is sent to the state.

The Schuyler County Attorney is the legal advisor for county government and its various officials. The County Attorney prepares legislation and prosecutes and defends civil actions on behalf of the county and county employees acting pursuant to their official duties.

A complete copy of the proposed resolution is available here

[getmanlaw]

Schuyler County Officials Warn: Be aware of unsolicited property offers. “Know your rights before you sign.”

Schuyler County Clerk Theresa Philbin and County Attorney Steven Getman are warning property owners to be aware of unsolicited offers to buy land in Schuyler County, often at a deep discount from the actual value.

“Reports have surfaced this month of a company soliciting  property owners in the area offering to buy vacant land for cash,” Philbin said.  “The offers include a Purchase and Sale Agreement, asking the owner to sign and send back within a short period of time.  The quick cash offer they make is always below the assessed value, and sometimes by as much as 15 to 25 percent. That could cost you thousands of dollars, depending the price and your property’s actual value.”

“Many of these buyers are, basically, throwing out nets to see if they can find an owner who doesn't understand the real value of their property or an owner that wants to sell quickly at (almost) any cost. They may be senior citizens, facing a personal situation that is forcing them to consider selling their real estate. These buyers are often hoping to find sellers willing to sell at 85% or less of the true market value.”

While the offer may be perfectly legal, signing and sending back the agreement, Getman pointed out, would create a binding contract.  That contract, Getman said, may obligate the owners to conditions or expenses they did not understand before signing. 

“For example, the offer may state the buyer will pay all closing costs, but also require the seller to clear up any liens or encumbrances on the property at the seller’s own expense before the sale,” Getman explained.  “That could include mortgages, property taxes or even electric, water and sewer bills.  If the sale price does not cover those expenses, the sellers could be left paying out more than they are getting for the property.”

In another case, Getman noted, the offer required to seller to convey to the buyer all personal property located on the land.

“That could include items such as expensive appliances, motor vehicles or even items of sentimental value,” Getman said.

Therefore, property owners should review any documents very carefully and consult an experienced attorney before signing any type of agreement, Getman said.

Philbin and Getman offered several tips to property owners who receive unsolicited offers to buy their land:

Never sign anything until you are sure you want to move forward. 

Have your own attorney review the document before your sign them. If you do not have an attorney, the New York State Bar Association may be able to refer you to an appropriate attorney via the NYSBA Lawyer Referral and Information Service: https://www.findalawyernys.org.

Check out the would-be buyer online. If someone is legitimately interested in buying your home, you should be able to retrieve information about them. Look for any red flags such as bad reviews or lawsuits.

Ask for references. If the buyer will not offer any, something is wrong. If their references are sketchy and cannot be verified, you need to rethink doing business with that person. 

Find out the fair market value of your home before you agree to a price.

Consider bringing in a real estate professional to represent you and give you a fair opinion of your land’s value. If the buyer is legitimate they should be willing to discuss terms with your agent.

If selling your property seems like a good idea, do not jump at the first offer made (especially if it represents just a small fraction of the land’s worth).

Finally, if you receive anything in the mail about your property that seems questionable, Philbin and Getman said that you can contact the County Clerk or, in the event of possible criminal activity, local law enforcement.

“Keep in mind that this is often totally legitimate,” Getman said. “The goal here is to understand what you may sacrifice for convenience.”

“Know your rights before you sign,” Philbin said.

The Schuyler County Clerk is responsible for all books, files and other necessary equipment for the filing, recording and depositing of deeds, maps, papers in actions and special proceedings of both civil and criminal nature, judgment and lien dockets and books for the indexing of the same as directed or authorized by law.

The Schuyler County Attorney is the legal advisor for county government and its various officials. The County Attorney prosecutes and defends civil actions on behalf of the county and county employees acting pursuant to their official duties.

[getmanlaw]

Schuyler Officials Warn: Be aware of unsolicited property offers. “Know your rights before you sign.”

Watkins Glen--Schuyler County Clerk Theresa Philbin and County Attorney Steven Getman are warning property owners to be aware of unsolicited offers to buy land in Schuyler County, often at a deep discount from the actual value.

 “Reports have surfaced this month of a company soliciting  property owners in the area offering to buy vacant land for cash,” Philbin said.  “The offers include a Purchase and Sale Agreement, asking the owner to sign and send back within a short period of time.  The quick cash offer they make is always below the assessed value, and sometimes by as much as 15 to 25 percent. That could cost you thousands of dollars, depending the price and your property’s actual value.”

 “Many of these buyers are, basically, throwing out nets to see if they can find an owner who doesn't understand the real value of their property or an owner that wants to sell quickly at (almost) any cost. They may be senior citizens, facing a personal situation that is forcing them to consider selling their real estate. These buyers are often hoping to find sellers willing to sell at 85% or less of the true market value.”

 While the offer may be perfectly legal, signing and sending back the agreement, Getman pointed out, would create a binding contract.  That contract, Getman said, may obligate the owners to conditions or expenses they did not understand before signing.  

 “For example, the offer may state the buyer will pay all closing costs, but also require the seller to clear up any liens or encumbrances on the property at the seller’s own expense before the sale,” Getman explained.  “That could include mortgages, property taxes or even electric, water and sewer bills.  If the sale price does not cover those expenses, the sellers could be left paying out more than they are getting for the property.”

 Therefore, property owners should review any documents very carefully and consult an experienced attorney before signing any type of agreement, Getman said.

 Philbin and Getman offered several tips to property owners who receive unsolicited offers to buy their land:

·       Never sign anything until you are sure you want to move forward.  

·       Have your own attorney review the document before your sign them. If you do not have an attorney, the New York State Bar Association may be able to refer you to an appropriate attorney via the NYSBA Lawyer Referral and Information Service: https://www.findalawyernys.org.

·       Check out the would-be buyer online. If someone is legitimately interested in buying your home, you should be able to retrieve information about them. Look for any red flags such as bad reviews or lawsuits.

·       Ask for references. If the buyer will not offer any, something is wrong. If their references are sketchy and cannot be verified, you need to rethink doing business with that person.  

·       Find out the fair market value of your home before you agree to a price.

·       Consider bringing in a real estate professional to represent you and give you a fair opinion of your land’s value. If the buyer is legitimate they should be willing to discuss terms with your agent.

·       If selling your property seems like a good idea, do not jump at the first offer made (especially if it represents just a small fraction of the land’s worth).

 Finally, if you receive anything in the mail about your property that seems questionable, Philbin and Getman said that you can contact the County Clerk or, in the event of possible criminal activity, local law enforcement.

 “Keep in mind that this is often totally legitimate,” Getman said. “The goal here is to understand what you may sacrifice for convenience.”

 “Know your rights before you sign,” Philbin said.

 The Schuyler County Clerk is responsible for all books, files and other necessary equipment for the filing, recording and depositing of deeds, maps, papers in actions and special proceedings of both civil and criminal nature, judgment and lien dockets and books for the indexing of the same as directed or authorized by law.

 The Schuyler County Attorney is the legal advisor for county government and its various officials. The County Attorney prosecutes and defends civil actions on behalf of the county and county employees acting pursuant to their official duties.

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[getmanlaw]

Schuyler County officials warn homeowners: beware of property deed “scams”

Schuyler County Clerk Theresa Philbin and County Attorney Steven Getman are warning homeowners to be aware of a property deed "scam" that may be taking place in Schuyler County.

 “Reports have surfaced this month of a company soliciting homeowners in the area who recently have completed real estate transactions, asking them to pay $89.00 for records which contain public information about their own property,” Getman said.

 However, according to Philbin, deeds for every parcel of land in Schuyler County are already recorded and kept on permanent record at the Schuyler County Clerk's Office.

 “After a real estate closing the original deed is returned to the property owner or their attorney at no additional charge and if you ever need another copy, you can request one from the county clerk for as little 65 cents per page and often less than five dollars,” Philbin explained.

 “All public records can be searched in the county clerk’s office through its indexes Monday- Friday 8:30 AM- 4:30 PM.”

 Philbin and Getman also warned that the assessment profile the company is trying to sell includes information that the homeowner does not need, and that could be obtained for free from the County’s Real Property Tax Division or other municipalities.

 Currently there is no law against companies selling you your own information, or a limit on what they can charge.

 Getman says the best way to protect yourself is to stay vigilant and informed.

 "We want the residents of Schuyler County to be aware that the entities marketing such requests are not related to the County Clerk's Office or any other department inside Schuyler County government," Getman said.

 If you receive anything in the mail about your property records that seems questionable, Philbin and Getman said that you can contact the county clerk or, in the event of possible criminal activity, local law enforcement.

 The Schuyler County Clerk is responsible for all books, files and other necessary equipment for the filing, recording and depositing of documents, maps, papers in actions and special proceedings of both civil and criminal nature, judgment and lien dockets and books for the indexing of the same as directed or authorized by law

 The Schuyler County Attorney is the legal advisor for county government and its various officials.  The County Attorney prosecutes and defends civil actions on behalf of the county and county employees acting pursuant to their official duties.

[getmanlaw]

Schuyler Officials Support Proposed Youth Hunting Law

Schuyler County Sheriff William Yessman, Undersheriff Breck Spaulding, County Clerk Theresa Philbin and County Attorney Steven Getman have all endorsed a Local Law that approves a pilot program in Schuyler County allowing 12 and 13 year old youths to hunt deer through 2023.

 The Resolution and Local Law are on the agenda for introduction at the Schuyler County Legislative Meeting at 6:30 pm on Monday May 10, 2021 in Montour Falls.  

 The proposed local law finds that “deer hunting is a valued tradition for many Schuyler County families, providing quality food

to county residents and reducing the negative impacts of overabundant deer populations on our agriculture,

forests, and communities.”  

 Under the proposed law, youth hunters aged 12-13 will now be allowed to hunt

deer with a firearm or crossbow under the supervision of an experienced adult hunter.    Currently, young hunters

that are 12 or 13 years old can already hunt big game using archery equipment and can hunt small game with a

firearm; however, until now, New York had been the only state to not allow these young hunters to hunt big game.

[getmanlaw]

Schuyler County passes Youth Hunting Law

Schuyler County has become the latest county in New York State to allow the hunting of deer by 12-and 13-year-olds with a firearm or crossbow for the coming fall season.

 Meeting in regular session on Monday (June 14), the county legislature voted unanimously to enact a Local Law that approves a pilot program allowing 12- and 13-year old youths to do so through 2023 under the supervision of an experienced adult hunter.    

 Prior to its passage, Schuyler County Sheriff William Yessman, Undersheriff Breck Spaulding, County Clerk Theresa Philbin and County Attorney Steven Getman all endorsed the law. In addition, members of the community, including a retired New York State Conservation officer, spoke in favor of the law at Monday’s meeting.  No one spoke in opposition to the legislation.

 The law as passed states that “deer hunting is a valued tradition for many Schuyler County families, providing quality food to county residents and reducing the negative impacts of overabundant deer populations on our agriculture, forests, and communities.”

 As of June 6, the number of counties statewide that had opted into youth hunting totaled 18, according to the state Department of Conservation website.    Other counties in the region that have opted in, the website shows, include Yates, Steuben, Chemung and Livingston.

 These counties will be listed in the DEC’s upcoming hunting/trapping guide, which will be released soon. As more counties pass resolutions, they will be added to a regularly updated map on the DEC’s Junior Big Game Hunting website.

 A complete copy of Schuyler County’s local law can be found here. 

[getmanlaw]

Schuyler County Clerk endorses Getman for Judge

Watkins Glen—Schuyler County Clerk Theresa Philbin is the latest local leader to pledge her support to Steven Getman in this year's election for Schuyler County Court Judge:

As your County Clerk, I've seen Steve's work up close for years. He is always level-headed and focused on achieving a fair and just result.  He is knowledgeable, understanding and fair in all of his dealings with county employees, elected officials and the public. Steve is right for this position in every way.

Steve also has been proactive in utilizing the County Attorney's Office to protect Schuyler County residents, including our senior citizens. For example, we teamed up just a few months ago to help warn local residents about a possible deed scam involving a company that sells public information to homeowners about their own properties at inflated costs.

Finally, the County Court Judge will review and recommend Pistol Permits for at least the next 10 years, which is another reason that anyone who cares about Gun Rights should support Steven Getman. He has been extremely helpful to me by providing advice and counsel related to the Second Amendment and he is a lifelong supporter of our Right to Bear Arms.

This is election is critical for Schuyler County's future. We need to elect Steven Getman as our next County Court Judge.