ICE Complains About NY’s Sanctuary City Policies After Making 82 Arrests – Gothamist

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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

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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Cuomo makes appointments to panel on state judge pay — almost four months past deadline – New York Daily News

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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.

What Actually Happens When You Block Someone on Your iPhone

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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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NY State Bar Autonomous Cars Task Force Eyes New Rules of the Road | New York Law Journal

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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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