With prospects of featuring its history and architecture on screen, the Village of Amityville (“Amityville“) has been considering adopting a local law to regulate filming and photography for movies, television and...more
Tonight, the Incorporated Village of Farmingdale (“Farmingdale“) will consider amending its zoning code to expand permitted uses in its Downtown Mixed-Use Zoning District (“Downtown“). The proposed amendments will allow,...more
Recent executive and administrative orders carrying-out COVID-19 mitigation and public safety measures will impact litigation within the Article 78 context, specifically the deadlines for commencing a proceeding to challenge...more
In Town of Brookhaven v Golemi, 2019 NY Slip Op 51477(U) [Sup Ct, Suffolk County 2019], the Town of Brookhaven (“Brookhaven”) successfully sought and obtained injunctive relief to remove a structure that violated Brookhaven’s...more
1/13/2020
/ Building Codes ,
Building Permits ,
Court Appearances ,
Delinquency Status ,
Enforcement Actions ,
Enforcement Authority ,
Injunctive Relief ,
Land Owners ,
Local Ordinance ,
Municipalities ,
State and Local Government ,
Urban Planning & Development ,
Zoning Laws
In Akeson v Inc. Vil. of Asharoken, 2019 NY Slip Op 32756(U), Index No. 57/2018 (Sup Ct, Suffolk County 2019), the Supreme Court dismissed a petition challenging the Incorporated Village of Asharoken’s (“Asharoken”) decisions...more
In Matter of Weissmann, 2019 NY Slip Op 06170 (2d Dep’t 2019), the Special Prosecutor for the Village of Spring Valley Justice Court received a two-year suspension from the practice of law for helping select defendants...more
12/2/2019
/ Conflicts of Interest ,
Convictions ,
Cross Motions ,
Disciplinary Proceedings ,
Ethics ,
Ethics Breach ,
False Documentation ,
Legal Ethics ,
Municipalities ,
Parking Tickets ,
Plea Negotiations ,
Pleas ,
Professional Misconduct ,
Public Servants ,
Special Prosecutors ,
Work Suspensions
Earlier this month, a challenge to the Town of Shelter Island (“Shelter Island”) short term rental law ordinance enacted in April 2017, amended May 2019 (“STRL”), came to an end – for now. ...more
9/16/2019
/ AirBnB ,
Dismissals ,
Due Process ,
Equal Protection ,
Fair Housing Act (FHA) ,
First Amendment ,
Fourteenth Amendment ,
Fourth Amendment ,
Local Ordinance ,
Municipalities ,
NYHRL ,
Regulatory Oversight ,
Rental Property ,
Sharing Economy ,
Short-Term Lease ,
State and Local Government ,
State Constitutions ,
Statutory Violations ,
Vacation Rentals ,
VRBO.com
In Joy Builders, Inc. v. Town of Clarkstown, 2018 N.Y. Slip Op. 07110, 165 A.D.3d 1084 (2d Dept 2018), a developer (“Developer”), in connection with the development of two subdivisions, challenged a provision of the Town Code...more
In Real Estate Bd. of New York, Inc. v. City of New York, Petitioner-Plaintiff Real Estate Board of New York, Inc. (“REBNY”) commenced a hybrid article 78 proceeding and plenary action against the City of New York (“City”)...more
10/9/2018
/ Appeals ,
Article III ,
Conversion ,
Equal Protection ,
Hotels ,
Injury-in-Fact ,
Moratorium ,
Motion to Dismiss ,
Municipalities ,
Property Valuation ,
Real Estate Development ,
Residential Real Estate Market ,
SEQRA ,
Standing ,
State and Local Government
Last month, the Appellate Division, Second Department, issued four decisions in a series of hybrid proceedings challenging local laws in the Town of Riverhead (“Riverhead”)....more
Courts have recently expanded what constitutes religious conduct. In particular, in Matter of Sullivan v. Board of Zoning Appeals of City of Albany, 144 A.D. 3d 1480 (3d Dep’t 2016), an appellate court ruled that the use of a...more
The State liquor law preempts local municipalities from restricting hours of operation for businesses selling alcoholic beverages for on-premises consumption. Accordingly, local municipalities should use caution when...more
On April 27, 2017, the Town Board of the Town of Brookhaven approved a change of zone for Rock Hill Golf and Country Club from a one-acre residential lot zone to the Golf Course District. Manorville’s Rock Hill is the first...more