THE JOURNAL OF THE NASSAU COUNTY BAR ASSOCIATION September 2020 www.nassaubar.org Vol. 70, No. 1

Like us on Facebook 2020-2021 Elected NCBA Board of Directors NCBA 2020-21 Committee List and Calendar Page 19 Executive Committee

SAVE THE DATE BBQ AT THE BAR DRIVE-BY Thursday, September 10, 2020 5:00 to 6:00 PM or 6:15 to 7:15 PM See pg. 2 Dorian R. Glover Gregory S. Lisi Rosalia Baiamonte Sanford Strenger Daniel W. Russo Richard D. Collins VIRTUAL OPEN HOUSE President President-Elect Vice-President Treasurer Secretary Immediate Past President Monday, October 26 to 30, 2020 See pg. 6 Elected Directors WHAT’S INSIDE Real Estate/Municipal Law SELLER BEWARE: Do You Still Owe a Broker’s Commission When COVID Wrecks the Sale? pg.3

In the COVID-19 Era, A Municipal Fee Michael J. David J. Hon. Maxine Michael David Z. Rudolph Jayson J.R. Chris J. Is Unmasked as an Illegal Tax pg.5 Antongiovanni Barry S. Broderick Cardello III Carl Carmenaty Choi Coschignano ‘23 ‘23 ‘21 ‘22 ‘22 ‘22 ‘21 ‘23 The Role of the Executive: Unilateral Emergency Powers of the Governor, Town Supervisors, and Village Mayors in Times of Public Crisis pg.6 Law Students in Government Offices: Responsibilities and Rights pg.7 Limited Homeowner Accountability for Defective Sidewalks in Long Island Steven V. Brian J. Jaime D. Thomas J. Kenneth L. Rebecca L. Russell I. Michael H. Towns and Villages pg.8 Dalton Davis Ezratty Foley Gartner Langweber Marnell Masri ‘21 ‘23 ‘23 ‘23 ‘23 ‘21 ‘21 ‘23 Expansion of New York’s Prevailing Wage Requirements Are Coming pg.9 Now is the Time for Estate Planning: How to Leverage Low Interest Rates and a Temporarily Favorable Tax Landscape pg.12 The Basics for Virtual Public Hearings— How to Be Successful and Efficient pg.13 Lisa M. Brad Ariel E. Jamie A. Jerome A. Lisa R. Adam E. Danielle M. Petrocelli Polizzano Ronneburger Rosen Scharoff Schoenfeld Small Visvader ‘22 ‘21 ‘21 ‘21 ‘23 ‘22 ‘22 ‘22 General An Old Bailey Hack and His Golden Thread pg.14 LAST CHANCE TO RENEW YOUR MEMBERSHIP OF NOTE Don’t miss out on the chance to renew your NCBA membership for the 2020-2021 NCBA Member Benefit - I.D. Card Photo Bar year! Renew online today at nassaubar.org or call the NCBA Membership Obtain your photo for Secure Pass office at (516) 666-4850 or (516) 747-4876. Payment plan options are available. Court ID cards We look forward to welcoming you back home to Domus. Only For New Applicants Cost $10 CONFIDENTIAL HELP IS AVAILABLE UPCOMING PUBLICATIONS TO LAWYERS AND JUDGES COMMITTEE MEETINGS alcohol or drug use, depression or other mental health problems Thursday, September 3, 2020 at 12:45 PM Call Lawyer Assistance Program (888)408-6222 Thursday, October 1, 2020 at 12:45 PM LAW OFFICES OF RANDY C. BOTWINICK Attorney Grievance & Formerly of Pazer, Epstein, Jaffe & Fein Attorney Grievance & CONCENTRATING IN PERSONAL INJURY DisciplinaryDisciplinary Defense Defense An allegation of professional misconduct can tarnish your • Car Accidents• Slip & Falls• Maritime An allegation of professional misconduct can tarnish your reputation and place your law license in jeopardy. Let the • Wrongful Death • Defective Products reputation and place your law license in jeopardy. Let the experiencedexperiencedteamteam of ofDavid David H. H. Besso Besso and and Michelle Michelle Aulivola Aulivola • Tire & Rollover Cases• Traumatic Brain Injury,�... � helphelp you you achieve achieve a favorablea favorable result. result. • Construction Accidents Now associated with Halpern, Santos and Pinkert, we have obtained well over $100,000,000 in awards for our clients during the last three decades. This combination of attorneys will surely provide the quality Co-Counsel and representation you seek for your Florida personal injury referrals. Participation Fees Paid

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THURSDAY, SEPTEMBER 10, 2020 Please bring a at the Nassau County Bar Association non-perishable food item to be donated 15th & West Streets, Mineola to our food drive! 5:00 to 6:00 or 6:15 to 7:15 PM RAIN DATE: Wednesday, September 16, 2020

THERE IS NO CHARGE FOR THIS EVENT. YOU MUST PRE-REGISTER. To register, contact Special Events at [email protected] or (516) 747-4070 ext. 1226. Specify your desired time slot and if you will be picking up or staying to network for an hour.

Drive by the NCBA to receive a to-go BBQ dinner, beverage, dessert, and swag bag! Or stay an hour and meet and network with our Directors, Officers, Staff, Corporate Partners, and fellow members in a standing-only networking area for up to 50 people per time slot.

FACE MASKS ARE REQUIRED! SOCIAL DISTANCING WILL BE ENFORCED! Nassau Lawyer September 2020 3 Real Estate/Municipal Law SELLER BEWARE: Do You Still Owe a Broker’s Commission When COVID Wrecks the Sale?

Many real estate deals have collapsed as individuals age 70 and older, those of them may have examined close- commission shall be payable only when title passes); see a result of the COVID-19 pandemic, and with compromised immune sys- ly. In this case, the seller may have also Liggett Realtors, Inc. v. Gresham, 38 A.D.3d 214 (1st much has been written about impossibility tems, and those with underlying a valid claim for equitable reforma- Dept. 2007) (agreement did not entitle broker to commis- sion unless deal closed); Donald Yoo (New York) Corp. or frustration of purpose in the context of illnesses to stay home and limit tion of the brokerage agreement. v. Laszlo N. Tauber, M.D. & Assocs., 281 A.D.2d 171 (1st disputes between sellers and purchasers. But home visitation to immediate fami- It is impossible to predict how Dept. 2001) (seller’s statement that broker would be paid nearly every real estate deal includes a third ly members or close friends in need many sellers will be sued by bro- out of the closing proceeds required that sale actually party—the real estate broker. When a deal of emergency assistance. Under kers attempting to collect com- close). fails because of COVID-19, should the bro- these circumstances, a broker may missions when the parties never 5. Rusciano Realty Servs. v. Griffler, 62 N.Y.2d 696, 697 ker still receive its commission? not be able to meet the burden of made it to closing. Some brokers (1984); F. Richard Wolff & Son, Inc. v. Tutora, 50 A.D.3d The general rule in New York is that a real proving buyer’s ability to consum- 950, 951 (2d Dept. 2008) (citing Rusciano). may choose not to file suit because 6. AA Frontier Inc. v. Silverman, 1 Misc. 3d 1, 2 (App. estate broker earns a commission when he or mate the sale. of public relations concerns, Katherine Santos Term 2003). she “procures a buyer who meets the require- Another argument a seller can especially if they do business in 7. Wolff, 50 A.D.3d at 951. 1 ments established by the seller.” This type of bring to bear is the accusation that tight-knit residential communities 8. Trenga Realty v. Wedgewood Homes, Inc., 138 A.D.2d buyer is characterized as “ready, willing, and the broker’s agreement constitutes a contract where competition between agents is fierce 875, 876 (3d Dept. 1988). a b l e .” 2 When a broker produces a ready, will- of adhesion, which should be considered and news travels fast. On the other hand, 9. DuBois v. McDade, 173 A.D.2d 1092, 1093 (3d Dept. ing, and able buyer, his or her right to com- void as against public policy. A contract of times have been tight for brokers lately as 1991). mission becomes enforceable. Barring any adhesion “contains terms that are unfair and 10. Love’M Sheltering, Inc. v. Cty. of Suffolk, 33 A.D.3d well. The good news for sellers is if they do 923 (2d Dept. 2006). exceptions, the broker’s right to a commis- nonnegotiable and arises from a disparity of have to face suit, they have numerous poten- 10 11. Sablosky v. Edward S. Gordon Co., 73 N.Y.2d 133, 139 sion does not depend upon the performance bargaining power or oppressive tactics.” A tial defenses. (1989). of the realty contract or the receipt by the court is more likely to find that a contract of 12. David v. #£1 Mktg. Serv., Inc., 113 A.D.3d 810, 812 seller of the selling price.3 What this means adhesion exists where the party seeking to Katharine Santos has represented landlords and other real property owners in settings as (2d Dept. 2014). in practice is often that once a contract of sale enforce the contract has used high pressure varied as a three-day jury trial over a breach 13. Gunther v. Vilceus, 142 A.D.3d 639, 640 (2d Dept. 11 is signed, the seller must still pay the broker’s tactics. In case of doubt, the court must of contract of sale and a multimillion-dollar 2016) (citing cases). commission even if the deal aborts. hold an evidentiary hearing.12 securitized mortgage deal. She is a senior 14. O’Neill v. Town of Fishkill, 134 A.D.2d 487, 489 (2d Fortunately for sellers, there are exceptions An unrepresented seller negotiating with associate at Lynn Gartner Dunne, LLP. Dept. 1987); see also Chimart Assoc. v. Paul, 66 N.Y.2d 570, 573 (1986). to this general rule. Possible defenses or claims a large real estate agency unquestionably has 15. W. Vernon Petroleum Corp. v. Singer Holding Corp., that a seller may have include: (1) a contractu- far less bargaining power than the broker. 1. Hecht v. Meller, 23 N.Y.2d 301 (1968). 2. Lane —The Real Estate Dep’t Store, Inc. v. Lawlet Corp., 103 A.D.3d 627, 629 (2d Dept. 2013). ally bargained-for exception; (2) the inability It is the brokerage agency that has prepared 28 N.Y.2d 36, 42 (1971). 16. K.I.D.E. Assocs., Ltd. v. Garage Estates Co., 280 A.D.2d of the buyer to complete the sale; (3) a con- the form contract with pages of fine print 3. Hecht, 23 N.Y.2d at 305; Lane, 28 N.Y.2d at 42. 251, 253 (1st Dept. 2001). tract of adhesion that violates public policy; difficult for a layman to comprehend. The 4. Dawn’s Gold Realty v. Dagnese, 304 A.D.2d 519 (2d 17. Biscone v. Carnevale, 186 A.D.2d 942, 945 (3d Dept. and (4) equitable reformation of the contract seller may feel, and the agent may even say, Dept. 2003) (enforcing brokerage contract providing that 1992). based on the history of contract negotiations. that the seller is in a position of “sign or else.” As commercial real estate attorneys are The seller may thus have a strong argument well aware, seller’s counsel can demand a that the broker in that circumstance should clause in the brokerage agreement providing not receive a commission especially where that the broker’s commission will be paid COVID-19 has wrecked the deal. Important NCBA 2019-2020 only upon closing or the passing of title.4 public policy concerns have emerged during In that circumstance, the language of the the COVID-19 crisis, such as ensuring that contract itself will be the seller’s best defense. people stay safe from infection and pro- Corporate Partners Unfortunately, residential sellers often sign a tecting livelihoods from being destroyed by broker’s agreement first and hire an attorney financial fallout. These public policy con- later for the sole purpose of negotiating the cerns weigh in favor of not requiring a seller contract of sale with the purchaser. to pay a commission on a sale that never Failing the existence of a contractu- happened because COVID-19 prevented it. ally bargained-for exception, a seller can Lastly, certain sellers may possess evi- argue that the general rule should not apply dence supporting a claim for equitable refor- because the buyer proffered by the broker mation of the terms of the brokerage agree- is in actuality not “ready, willing, and able.” ment. “A party seeking reformation of a The weakest link is often the buyer’s ability contract by reason of mistake must establish, to consummate the deal. As held by the with clear and convincing evidence, that the Court of Appeals, “a real estate broker will be contract was executed under mutual mistake deemed to have earned his [or her] commis- or a unilateral mistake induced by the other sion when he [or she] produces a purchaser party’s fraudulent misrepresentation.”13 who is not only ready and willing to purchase In cases of mutual mistake, “[t]he reme- at the terms set by the seller, but able to do dy of reformation of a contract is available so as well.”5 when…the parties reached an oral agreement Case law on a buyer’s inability usually and, unknown to either, the signed writing centers on its financial inability. The broker does not express that agreement.”14 A party has the burden to demonstrate that the buyer may therefore introduce parol evidence, i.e., is financially able to complete the purchase.6 evidence outside the four corners of the doc- For example, a broker will not be entitled ument, to support its claim for reformation of to a commission if a buyer fails to obtain a contract.15 This is true even where an agree- mortgage and thus cannot satisfy the mort- ment contains the standard merger clause gage contingency common in almost all real providing that the signed contract supersedes estate contracts.7 A buyer whose down pay- any prior terms, representations, or agree- ment check bounces after contract signing ments whether made orally or in writing.16 is likewise not financially “able.”8 A broker Courts have shown a high degree of sympa- may also not be able to prove entitlement to a thy to unsophisticated homeowners alleging commission if buyer agrees to pay the second claims of mutual mistake, even when they half of a down payment after contract signing were represented by counsel at the time.17 and then does not satisfy that condition.9 Many sellers, represented or unrepresent- The unique factual background of the ed, have been asking questions about how COVID-19 pandemic may point the way COVID-19 will impact the sale of their home. toward an expansive notion of inability—legal A telephone conversation or email chain inability based on governmental action such between a broker and seller discussing what as executive orders or physical inability due will happen if COVID-19 wrecks the sale may to frail health or advanced age. In the height show that the agreement between the individ- of the health crisis, for example, Governor ual seller and real estate agent was very differ- Andrew Cuomo announced Matilda’s Law, ent from the one reflected in the form from named for the Governor’s mother, requiring the real estate company—a form that neither 4 September 2020 Nassau Lawyer Nassau President's Letter Lawyer The Official Publication of the Nassau County Bar Association As I pen this column, I am preparing to attend The Next Phase of COVID-19 and What It 15th & West Streets, Mineola, N.Y. 11501 the March on Washington on Friday, August 28. As Means to Your Practice Phone (516)747-4070 • Fax (516)747-4147 one who marched on Selma, Alabama on its 20th www.nassaubar.org Anniversary in 1985 and worked on the campaign of Chief Administrative Judge Lawrence K. Marks E-mail: [email protected] stated when the Hon. Norman St. George was the late civil rights leader John Lewis’ campaign for NCBA Officers Georgia’s 5th Congressional District in 1987, I per- appointed Administrative Judge of Nassau County, in December of 2019, “We are fortunate to have… President sonally feel incumbent to answer the call for action. Dorian R. Glover, Esq. This call was inspired by the programs I participated such [a] highly regarded candidate, possessing the President-Elect at our Bar Association this summer following the judicial expertise, administrative skills and leader- Gregory S. Lisi, Esq. death of George Floyd in Minneapolis. ship qualities to fulfill the multiple demands of [this] Vice President Programs this summer included: “Dreams critically important assignment.” Unbeknownst to Rosalia Baiamonte, Esq. Deferred Amongst Racial Covenants, The U.S. all, a pandemic followed, and Chief Administrative Treasurer Supreme Court Case which Inspired Lorraine Judge Mark’s words have been personified by the Sanford Strenger, Esq. From the Secretary Hansberry’s A Raisin in the Sun led by Rudy leadership of Administrative Judge St. George. Daniel W. Russo, Esq. Carmenaty; our Diversity & Inclusion Committee President As Administrative Judge, St. George oversees the Executive Director Chair Maxine Broderick’s Social Justice Book Club’s operations of all the Nassau County courts, with Elizabeth Post reading of The New York Times’ bestseller Between Dorian R. Glover direct supervision of nearly 90 judges. The publica- Editor-in-Chief the World and Me, by Ta-Nahesi Coates; our Civil tion, Inc. defines essential Leadership qualities: Christopher J. DelliCarpini, Esq. Rights Committee Chair Bernadette Ford’s invitation 1. Clarity—They are clear and concise at all times. Copy Editor Allison C. Shields, Esq. to Frederick K. Brewington to speaking on “Race, A There is no question of their vision and what Factor in the Law, and Why We Need to Discuss It!” The discus- Editor/Production Manager needs to be accomplished Ann Burkowsky sions that I participated in were awakening. 2. Decisiveness—Once they have made up their mind, they don’t Photographer I addressed the same formula with my fall students at Touro hesitate to commit—it’s all hands-on deck Hector Herrera Law School in my course, Current Issues of Racism in American 3. Courage—Boldness is both something you can develop and Law. Notwithstanding the majority opinion written by Chief something that is blessed as a virtue September 2020 Justice Roger B. Taney’s in Dred Scott v. John F. A. Sandford, Real Estate/Municipal Law 4. Passion—There’s nothing more inspirational than seeing Thomas McKevitt, Esq. change was around the corner. As you may recall, the Supreme someone who cares about what they do. The best leaders Court in 1857, 60 U.S. 393, held “A free negro of the African race, Focus Editor exhibit boundless energy and passion for what they do Rhoda Y. Andors, Esq. whose ancestors were brought to this country and sold as slave, 5. Humility—While confidence is a very attractive trait in lead- Rudolph Carmenaty, Esq. is not a ‘citizen’ within the meaning of the Constitution of the ers, there’s nothing like a humble character Christopher J. DelliCarpini, Esq. United States.” All would agree that during this time, the Hon. Norman St. Andrea M. DiGregorio, Esq. Briefly, the facts were Mr. Scott, his wife and children, slaves Jeff H. Morgenstern, Esq. George has demonstrated all essential leadership qualities and belonging to Dr. Emerson, were taken from the State of Missouri Tammy Smiley, Esq. beyond. He would be the first to tell you that it has been a team to Rock Island in the State of Illinois, a territory governed by effort to effectuate the necessary changes of advancing our court Upcoming Focus Issues the Missouri Compromise of 1820, which prohibited slavery. system during this time and we say thank you to all involved! October 2020 Mr. Dred argued that because he and his family were entitled to General/OCA freedom by being taken to Rock Island, in the State of Illinois. On August 17, 2020, Hon. Norman St. George issued Administrative Order: Return to In-Person Operations for Nassau November 2020 The Court disagreed. It is recorded that even Northerners, who Criminal Law were not abolitionist, or even necessarily anti-slavery, protested County–Phase 4.1, instructing jury trials to recommence. Petit December 2020 the pro-Southern bias of the decision. Six years later, Abraham civil jury trials will be conducted in October and, in light of Commercial/Bankruptcy/Tax Law Lincoln, for numerous reasons, including the actual rebellion the success and positive feedback regarding the impaneling of against the authority and government of the United States, signed grand juries of Nassau County during phase three of the return Committee Members the Emancipation Proclamation granted freedom to the slaves to in-person operations, petit criminal jury trials in the County Christopher J. DelliCarpini, Esq., within any state. To make systemic change will involve all branch- Court will commence in November. For the complete protocols of Co-Chair es, executive, judicial and legislative branches of government. the Administrative Order, please visit our website at www.nassau- Andrea M. DiGregorio, Esq., Co-Chair bar.org/announcements/update-regarding-covid-19. Rudolph Carmenaty, Esq., Vice-Chair Our Bar Association has publicly stated we will work with our Rhoda Y. Andors, Esq. justice partners—community leaders, government officials, law WE CARE Cynthia A. Augello, Esq. enforcement and the judiciary—to bring change, correct ineq- Deborah S. Barcham, Esq. uities, and ensure equal justice and fairness for all members of We are pleased to announce that WE CARE, our charitable Felicia Binkis, Esq. our community who expect ethical, moral, and upright behavior arm, will offer its traditional Thanksgiving dinners to families in Deanne Marie Caputo, Esq. from those constitutionally bound to uphold the law. To that need. We are not serving dinners at the Bar, for health and safety Joel S. Charleston, Esq. end, we have formed the Equal Justice Task for progressively purposes, but will be delivering prepared meals to needy families. Gianna Crespo, Esq. participating in the process of proposed legislation and move Thomas J. Deas, Esq. Members may participate by contacting our WE CARE Advisory Anthony J. Fasano, Esq. towards reconciliation. Board, as well as submitting a donation online at the link provided Nancy E. Gianakos, Esq. on our website. Naela Hasan, Esq. Our Response to Coronavirus, COVID-19 Pandemic Adrienne Flipse Hausch, Esq. NCBA pro bono services are at a peak! We have received Upcoming Events Patricia Kessler, Esq. Kenneth J. Landau, Esq. acclaimed press coverage in connection with our volunteer law The Opening of Domus students and attorneys who help residents and businesses who Michael J. Langer, Esq. The NCBA is here for you and is taking on the new Bar year Hon. Thomas F. Liotti reach out to [email protected]. Our NCBA staff review with optimism and a refreshed outlook on the way we usually do Cheryl Y. Mallis, Esq. each email and assigns it to one of the NCBA volunteers; the things. We share Members’ desire to attend lunch CLEs and meet Michael H. Masri, Esq. Member volunteers provide consultations in their areas of exper- with colleagues. While the Bar continues to stagger the in-office Thomas McKevitt, Esq. tise and are assigned residents or businesses who have sought staff schedule, and limit foot traffic at Domus, our goal is to wel- Daniel McLane, Esq. assistance, along with referrals for those facing family violence Jeff H. Morgenstern, Esq. come back Members and visitors to the building with the proper Sasha A. Navarrete, Esq. (The Safe Center of Long Island) or certain legal issues (Nassau safety procedures in place. We’ll keep you posted. Suffolk Law Services). Marian C. Rice, Esq. Michael A.H. Schoenberg Taking the next step, on August 27, dozens of homeowners Membership Appreciation BBQ at the Bar Drive-By Our first ever BBQ at the Bar Drive-By will be held on Allison C. Shields, Esq. and renters came to the Bar for a free open house under a tent in Tammy Smiley, Esq. our parking lot and met with housing counselors. Wearing masks Thursday, September 10, on the lawn of Domus, the first event at Ellen B. Tobin, Esq. and socially distanced, housing counselors and attorneys offered the Bar’s home since our closure in March. We want to provide our Eric Anthony Zeni, Esq. information about programs such as COVID-19 mortgage for- members with the same benefits and networking opportunities, Published by bearance, hardship programs, loan modifications and payment just in a re-imagined way. Utilizing COVID-19 guidelines consist- Long Island Business News options. Services were available in English and Spanish. ing of, (in part) limited attendees, face masks and social distanc- (631)737-1700; Fax: (631)737-1890 Special thanks to Past President Martha Krisel, our staff and ing, we are offering two in-person sessions as well as a drive-thru Publisher Graphic Artist member volunteers for their dedication. lane for members to receive their dinners and many giveaways. Joe Dowd Wendy Martin Nassau Lawyer (USPS No. 007-505) is pub- lished monthly, except combined issue of July and August, by Long Island Commercial Review, 2150 Smithtown Ave., Suite 7, Ronkonkoma, NY 11779- 7348, under the auspices of the Nassau County Bar Association. Periodicals postage paid at Mineola, Nassau Lawyer welcomes articles written by members of the Nassau County Bar Association that are of substantive and procedural legal interest NY 11501 and at additional entries. Contents copy- right ©2019. Postmaster: Send address changes to to our membership. Views expressed in published articles or letters are those of the authors alone and are not to be attributed to Nassau Lawyer, the Nassau County Bar Association, 15th and West its editors, or NCBA, unless expressly so stated. Article/letter authors are responsible for the correctness of all information, citations, and quotations. Streets, Mineola, NY 11501. Nassau Lawyer September 2020 5 Real Estate/Municipal Law In the COVID-19 Era, A Municipal Fee Is Unmasked as an Illegal Tax

On March 11, 2020, in an action seeking tax rather than a true fee, and not their entitlement to summary judg- based on similar reasoning flows from the class certification under CPLR § 901, dis- reasonably necessary to main- ment as a matter of law. Suffolk County case described below, politi- gorgement and other relief, Nassau County tain the County’s real property Next, Justice Brown cited cians across Long Island will face severe and Supreme Court Justice Jeffrey Brown struck registry, which is the defendants’ the County Assessor’s affidavit unpalatable options. down Nassau County’s $355 tax map verifi- responsibility; (ii) not intended demonstrating “that the revenue An action seeking comparable relief was cation fee, granting the plaintiff’s motion for to defray the costs of providing generated by the TMCL fee is used brought against Suffolk County in 2017 by summary judgment and concluding that the the TMCLs and far in excess of by the defendants for general pur- the Government Justice Center, an Albany fee is actually an unlawful and unconstitu- such costs; and (iii) a tax whose poses… ,” is a “revenue item for nonprofit, on behalf of several Suffolk home- 1 tional tax. The economic implications of the purpose really is for general rev- the department” and that “[t]he owners.8 That case seeks to strike down as decision for the County are profound. It has enue. Mr. Falk also alleged that only ‘revenue’ derived from the unlawful, invalid and unenforceable Suffolk’s been projected that a $45 million budget hole the Department of Assessments operations of the department is the $200 tax map verification fee (increased from could result if the decision, which Nassau has not changed its structure, the Mark S. Borten funds received from the collec- 2 6 $60 in 2015) and Suffolk’s $300 mortgage County is appealing, is upheld. Nassau manner in which it carries out its tion of the [TMCL].” Moreover, recording fee created in 2016. The complaint County took in $40.56 million in 2019 from responsibilities or issues TMCLs, he continued, the defendants “rec- in that case alleges in part that for 2017 the fee, and $39.6 million in 2018.3 or the time or cost associated with gener- ognize and concede that the TMCL fee is a Suffolk County budgeted the Real Property ating a TMCL. Based on available public source of general revenue as a whole and is Tax Service Agency’s operating expenses to Factual Background documents, Mr. Falk also asserted that the unrelated to the specific costs associated with County’s budget projected a 2016 increase generating a TMCL,” and that there was no be $1.2 million, while budgeting fees gen- Nassau County Administrative Code § 6-33.0, erated by that agency to exceed $66 mil- added in 2012, is entitled “Verification of in collections of $27 million resulting from analysis “as to the actual cost associated with lion. Three Suffolk County judges previous- Section, Block, and Lot Information.” That the $225 tripling. generating a TMCL or a comparison of the ly recused or disqualified themselves from section provides that the County Assessor In opposition papers, the County argued cost related to the TMCL fee and the revenue that case. Oral argument on that plaintiff’s shall be entitled to a fee for “the verification that the fee “is not simply the cost of issuing, generated by that fee.” In addition, the defen- of the section, block and lot information con- but also includes inspecting the regulated dants acknowledged that “no scientific study motion for a declaratory judgment occurred tained in any deeds, mortgages or satisfac- activity” and that the “ongoing cost of pro- or survey was conducted regarding the rea- in March 2020. Post-argument letter briefs tions, or any modifications or consolidations viding assessment services for more than sonableness of the fee imposed for a TMCL were filed by June 30, and the court set an of the foregoing, presented for recording….” 400,000 individual taxpayer parcels [was]… or the dramatic increases in the fee over the early August control date. The fee also applies to mortgage assignments. an inextricable part of the overall costs of the past seven years.” While the Assessor com- Counsel for Suffolk County contend Such information is contained in tax map assessment system and the costs of the coun- plained that the County is uniquely burdened that after the parties’ respective motions certification letters (“TMCLs”) issued by the ty’s recent real property tax reform efforts, all financially by the “County Guaranty,” i.e., the and cross-motions were fully submitted in Nassau County Department of Assessments of which are part of regulating and maintain- County’s obligation to pay claims upheld for 2018, the New York State Legislature passed (a co-defendant in the action), which must ing the tax map and system of assessments.” the overpayment of real property taxes paid amendments to CPLR Sections 8019 and be filed with real property documents when to school districts, towns, and special dis- 8021 in April 2019 which specifically autho- submitted to the Nassau County Clerk for Legal Analysis tricts, as well as to the County itself, Justice rized the challenged fees pursuant to Suffolk recording. The only document that does Justice Brown began his analysis by Brown stated that “…the County must look County Code A18-3(G). Thus, Suffolk con- not require a TMCL is a power of attorney, acknowledging that legislative acts “enjoy a to [sic] New York State Legislature to remove tends that the Falk decision is inapplicable, 7 frequently used when a party cannot attend strong presumption of constitutionality [and] or remediate the ‘County Guaranty.’” since the Falk court was not presented with a a closing; Nassau’s recording fee for a typical parties challenging a duly enacted statute face Concluding, Justice Brown held that Mr. challenge to fees which were expressly autho- 9-page statutory power of attorney is $385. the initial burden of demonstrating the stat- Falk had shown that the defendants’ impo- rized by the State Legislature. Suffolk’s coun- As described in Justice Brown’s decision, ute’s invalidity beyond a reasonable doubt,” sition of the TMCL fee for general revenue sel also argued that, unlike Falk, no discovery the fee first assessed in 2012 was $50 for and “[a] local law is cloaked with the same purposes is “indisputably disproportionate had occurred in the Suffolk case. each TMCL. The fee was raised to $75 strong presumption of constitutionality as a to the cost associated with its issuance.” He effective January 12, 2015, tripled to $225 statute (citations omitted).” He then noted then stated that Mr. Falk had established as a Mark S. Borten is principal of the Law matter of law that “the revenue derived from Offices of Mark S. Borten in Merrick, repre- on January 1, 2016, and raised again to that “[o]nce a movant has shown a prima senting clients in residential and commer- $355 on January 1, 2017. Each increase was facie right to summary judgment, the burden the TMCL is used for general administration cial real estate matters. authorized by a series of local laws amend- shifts to the opposing party to show that a purposes and unrelated and disproportionate ing Section 6-33.0.4 By letter dated October factual dispute exists…[with facts] presented to the cost and effort associated with the 1. Falk v. Nassau County, Index No. 600868-17 (Mar. 8, 2015 to the County Legislators, the Nassau by evidentiary proof in admissible form (cita- TMCL (citations omitted). In sum, the fee 11, 2020)( , Brown, J.) Previously, by decision dated County Clerk “vehemently” objected to the tions omitted).” associated with providing a TMCL is exces- September 27, 2017, Justice Brown dismissed three of the proposed increases in TCML fees and other Significantly, Justice Brown cited Real sive and not tied to the County’s responsi- plaintiff’s four causes of action and granted the defen- bility to maintain its property registry; not dants’ motion to dismiss the cause of action for injunctive fees impacting her office, and called them Property Tax Law § 503(2), which provides relief in the form of disgorgement, while denying the “unconscionable,” “egregious and quite pos- that “the expense of maintaining tax maps in assessed or estimated on the basis of reliable portion of that motion seeking to dismiss the claim for sibly in violation of the New York State law.”5 current condition shall be a county charge and factual studies or statistics; and far in excess declaratory relief. Falk, NYSCEF No. 15 (Oct. 3, 2017). In her letter, the County Clerk also explained shall be levied ad valorem upon all taxable of the costs necessary to provide the service 2. Eidler, Scott, “Nassau County: $355 tax map fee ruled that the proposed fee increases would mean property in the county.” “The clear reading of generating the TMCLs. Since the fees ‘unconstitutional,’” Newsday (May 14, 2020). associated with TMCLs are used to generate 3. Id. that the County’s recording fees would have of…§ 503(2),” he continued, “precludes the 4. Local Law 7-2014, eff. June 19, 2014; Local Law No. risen by 5,250% since 2010 and that a record- use of a fee to ‘protect the integrity of the tax revenue, they are an unlawful and unconsti- 9-2015, eff. Nov. 30, 2015, suspended until Jan. 4, 2016 by ing transaction which cost $30 in 2010 would map and county records.’” An ad valorem tax tutional tax.” Local Law No. 11-2015, eff. Dec. 22, 2015; as amended by cost $1,575 in 2016. is a tax computed on the assessed value of an Local Law No. 13-2016, eff. Dec. 14, 2016. Jeffrey Falk and his wife bought a home item, such as real estate or personal property, Consequences in the COVID-19 Era 5. Falk, supra n.1, Complaint Exh. A. 6.Falk, supra n.1, Moog Aff. at ¶¶ 28, 34. on November 18, 2016 in the Town of expressed as a percentage of the assessed The COVID-19 worldwide pandemic 7. Citing Matter of Baldwin UFSD v. County of Nassau, Oyster Bay. They were required to pay the value or sales price. Justice Brown also quick- struck with a ferocity and velocity previously 22 N.Y.3d 606, 628 (2014). In 1939, via Chapter 272 of title company $1,255 to record the deed and ly dismissed the County’s assertion that by unseen by almost every living soul. It has the Laws of 1939, the New York State Legislature enacted mortgage with the Nassau County Clerk, requiring a TMCL, the County is providing shaken to their financial cores governmental the Nassau County Administrative Code as a supplement of which, among the various governmen- essential information required for title insur- budgets at the national, state, and local levels. to the Nassau County Charter. Subsequently, pursuant to tally imposed recording charges, $450 was ance, stating that “[t]itle to the property is not The recent decision in Falk v. Nassau County chapter 851 of the Laws of 1948, the Legislature amended the Nassau County Administrative Code, adding Section assessed to obtain two TMCLs. In his action, determined by the tax map (citation omit- ripped away the cloak of an impermissible 6-26.0(b)(3)(c), which includes what has come to be Mr. Falk alleged that the fee is (i) unconsti- ted).” Thus, the defendants failed to make an tax masquerading as a fee. If the decision in known as the “County Guaranty.” tutional because it is excessive, an unlawful adequate prima facie showing to demonstrate Falk is affirmed on appeal, and if a decision 8. Cella v. County of Suffolk, Index No. 620580/17.

Subscribe today 6 September 2020 Nassau Lawyer Real Estate/Municipal Law The Role of the Executive: Unilateral Emergency VOLUNTEER ATTORNEYS NEEDED Powers of the Governor, For Virtual Open House Town Supervisors, and During National Pro Bono Week October 26-30, 2020 Village Mayors in Times of Attorneys schedule assigned appointments virtually at their convenience. Public Crisis

The Nassau County Bar Association, Nassau Suffolk Law The Coronavirus (COVID-19) On May 27, 2020, in the case Services, and the Safe Center invite all attorneys to volunteer created a pandemic unprecedented of Dao Yin v. Cuomo,10 petition- for a virtual open house during National Pro Bono Week. in modern times. Life in New York ers claimed that Governor Cuomo changed dramatically, and albeit, lacked the statutory authority to Any Nassau County resident can attend a virtual consultation consequentially on March 7, 2020, cancel the special election. The when Governor Andrew Cuomo Governor opposed the petition and speak with an attorney. issued Executive Order 202.1, and argued, inter alia, that in reducing business, professional, lei- response to the concerns presented sure and just about all commercial by COVID-19, the canceling of the activity in New York to stop the Charles J. special election was a valid exercise spread of (COVID-19). This exec- Casolaro of his authority under Executive utive action was arguably unprece- Law § 29-a. NYS Executive Law § Attorneys do not provide legal representation and are needed in dented in our State’s history,1 altering the ability 29-a provides that “the governor may by exec- the following areas of law: of nineteen million citizens to engage in some utive order temporarily suspend any statute, of life’s most cherished events such as weddings, local law, ordinance, or orders, rules or regu- Bankruptcy - Divorce and Family Issues - Employment graduations, births, and sadly, deaths.2 However, lations, or part thereof, of any agency during Mortgage Foreclosure and Housing - Senior Citizen Issues the pandemic gave the public, for the first time, a state disaster emergency, if compliance with Superstorm Sandy a true sense of the scope, depth and breathe of such provisions would prevent, hinder, or the power of an elected executive. delay action necessary to cope with the disas- To volunteer, please contact Cheryl Cardona at Our form of government, whether at the ter or if necessary to assist or aid in coping [email protected] or (516) 747-4070. federal, state or local level, derived from the with such disaster.”11 founding fathers’ understanding of the great This rule endows the Governor with the separation of powers theorists—Polybius, authority to exceed his executive authority in Montesquieu and Locke, who had conceived times of disaster, such as during the COVID- executive power as a separate and distinct 19 pandemic, which has been classified as species of power.3 They understood the exec- a “disease outbreak.” Under the rule, the utive to handle certain “sovereign functions.”4 Governor is granted powers to promulgate However, they also understood that unfet- temporary rules by executive order. However, CONNECT WITH tered power, exercised without the consent of this executive authority is not absolute. With the governed—or in local cases, the sanction the delicate balance between handling crises of the legislature, would lead to abuse. and the intrusion in the traditionally legis- The courts have generally affirmed the lative prerogative, the limitations imposed deprivation of individual liberties by execu- upon the Governor attempt to regulate this THE NCBA ON tives so long as necessary to meet the needs separation of powers as best as possible, while of the collective societal whole, that “over allowing the branch of the government best the long run preserves the proper balance of suited to handle crises quickly and efficiently freedom and order necessary for the healthy to do so. development of natural civil society and indi- SOCIAL MEDIA vidual human flourishing.”5 Municipal-Village Mayor State Level Executive Authority Executive Authority The New York State Constitution vests the Governor with the executive power and places The executive authority of a Village Mayor For the latest updates on COVID-19 upon him the responsibility to ‘take care that has long been a topic of debate among munic- the laws are faithfully executed.’6 ipal attorneys. The idea of a Village Mayor This vests authority within the Governor exercising unilateral, consequential power the NCBA, and court information, to take measures to faithfully enforce the law, escapes the local village resident. But no mis- not to expend on existing parameters or create take should be made, Mayors are chief exec- connect with us on social media. law. “The power to make laws is a legislative utives, and in the case of extreme emergency, function.”7 The limiting principle, therefore, are more powerful than a Town Supervisor. of the executive order is its encroachment into In fact, the power of a Mayor rivals that of the the legislative prerogative. Executives cannot County Executive. make law, or ignore law, or re-write law; they The New York Executive Law devotes an simply can only execute or enforce the exist- entire article to state and local natural and ing law. But, under emergency circumstances, man-made disaster preparedness, particularly like the current pandemic, those power lines with regard to emergency powers granted to Nassau County Bar Association become blurred. the lower chief executives within the state, Since March 7, 2020, New York State including Village Mayors. Section 24 governs Governor Andrew Cuomo has issued 48 local states of emergency and local emergency Executive Orders.8 The Governor has essen- orders by chief executives. Chief executives tially become a unitary executive, not just of are defined as “(1) a county executive or the executive branch, but of the entire state manager of a county; (2) in a county not government apparatus. Is this a permissible having a county executive or manager, the execution of authority? [W]hether executive chairman or other presiding officer of the action crosses the line and constitutes an inap- county legislative body; (3) a mayor of a city @nassaucountybar_association propriate assumption of legislative power, the or village, except where a city or village has a Court of Appeals has looked to whether the manager, it shall mean such manager; and (4) executive action ‘creates a different policy, not a supervisor of a town, except where a town 12 embraced in the legislation’ or whether the has a manager, it shall mean such manager.” executive action is in fact inconsistent with existing State law.”9 See EXECUTIVE, Page 17 Nassau Lawyer September 2020 7 Real Estate/Municipal Law Law Students in Government Offices: Responsibilities and Rights

After my first year of law school, I spent or who volunteer for humanitar- primary beneficiary test draft pleadings. The government attorney the summer of 1978 at the Buffalo Regional ian purposes for non-profit food has three salient features. should ensure that law students attend court Office of the New York State Attorney General. banks. Unpaid internships for First, it focuses on what the hearings and trials, even when the courts are Summer jobs were hard to come by for rising public sector and non-profit char- intern receives in exchange operating virtually. 2Ls, but a relative who worked closely with itable organizations, where the for his work. Second, it also Although the duration of an internship is Attorney General Louis Lefkowitz, recom- intern volunteers without expec- accords courts the flexibili- predictable, it is not realistic to promise or to mended me.1 I worked with three other law tation of compensation, are gen- ty to examine the economic spend time designing a start-to-finish semes- students; the pay was five dollars per day. erally permissible. Nevertheless, reality as it exists between ter or summer-long project. Since litigation That compensation—paid in one check at the the educational-focused FLSA the intern and the employ- and transactional work rarely break down end of the eight-week assignment—was allot- goals, as well as FLSA internship er. Third, it acknowledges neatly into semesters or summers, a pivotal ted to cover daily expenses. In fact, in 1978, court decisions, are well worth that the intern-employer component of the internship experience is Martha Krisel five dollars in Buffalo covered round-trip bus reviewing prior to committing relationship should not be instruction on a transition memo where fare and lunch. I still remember the jacket to the responsibility of working analyzed in the same man- law students concisely document the status that I bought with part of that $200 check; it with and designing assignments ner as the standard employ- of their files. This simultaneously serves as was tan with a fuzzy lining and a hood. for law students in a government office. er-employee relationship because the preparation for the next intern, who should Although I cannot recall the last name of Under the FLSA and its interpretive deci- intern enters into the relationship already have been selected and who can my supervisor Mike, I do remember my first sions, law students should be primary ben- with the expectation of receiving edu- piggyback on to the work in progress. This is assignment. The Attorney General had sub- eficiaries of the experience, even though the cational or vocational benefits that also excellent preparation for an often-over- poenaed a car dealership’s records; using my interns’ work products also provide a direct are not necessarily expected with all looked attorney responsibility: maintaining 1L research and writing course skills, I worked benefit to the employer.5 Even the most senior forms of employment (though such each file with specificity to allow an attorney with the supervising attorney and opposed attorneys in government offices end up scan- benefits may be a product of experi- to take over in the event of the departure or the dealership’s motion to quash. It was very ning documents during crunch times, and it ence on the job).8 unavailability of an attorney for any reason. exciting when that motion was denied. is acceptable for law students to do the same. This factor alone is not dispositive. An In short, a government law student Properly mentored and supervised law The emphasis, however, should be on applying intern may perform complementary tasks intern should enter the workplace with legal students are the lifeline for attorneys with legal education into practice, coupled with and in doing so confer tangible benefits on research and writing skills that are appropri- heavy caseloads, and are essential for encour- appropriate exposure to real life lawyering supervisors. The Glatt factors intentionally ately utilized under attorney supervision to aging public sector career paths. The best through (now generally virtual) client inter- omitted a criteria that had been advanced expand that interns’ interest in and knowl- internships provide opportunities to con- views and court appearances. by the Department of Labor that the alleged edge of the law. Useful to the design of the tribute while protecting interns’ rights and Since a government office generally has employer derive no immediate advantage government internship experience are the promoting their professional development. 9 unionized support staff, with clerical and from the activities of the intern. FLSA and court decisions that protect law students from busy work and protect the Internships Under the Law paralegal/attorney assistant competitive Maximizing Benefits for titles, law students should never displace paid integrity of the municipal workplace from a Civil service titles also do include law employees; rather, law students should “com- Interns and Employers subterfuge of addressing staffing deficits. interns, who do not test competitively because plement” the government attorney’s accom- Appropriately designed assignments in Martha Krisel is the Executive Director of the limited duration of their assignments. 6 7 plishments. Because of this, the Glatt dis- advance of the law students’ arrival are cru- of the Nassau County Civil Service Nassau County’s Villages, for example, have placement factor is a useful barometer even cial; each student must always have a “big Commission. She also has served as NCBA a non-competitive title for law interns cur- President, and currently serves as Co-Chair in a government setting, because it emphasiz- project” to research when there is a lull in the rently enrolled in law school.2 Designed in of the NCBA Adoption Law Committee. es that an intern’s work should complement ability of the supervising attorney to provide 1972, the duties are basically still relevant to a but not supplant the work of paid employees. daily interaction and feedback. Law students 1. Nick Ravo, Louis J. Lefkowitz, 22-Year Attorney government law office internship experience. An intern’s work is complementary only if should never feel that they are in the way or General, Dies at 91, The New York Times (June 21, 1996), Supervision is mandatory, and the duties are it requires some level of oversight or involve- that they are a burden. Proper preparation of available at https://nyti.ms/2DBNjti. specifically focused on legal research, drafting 2. Class Specification for LAW INTERN (SEASONAL), ment by an attorney, who still bears primary appropriate assignments allows the supervis- opinions on legal matters, assisting in prepar- available at https://bit.ly/3kH2BO6. responsibility. While a bit of overlap may ing attorney as well as the law student latitude ing local ordinances and drafting memoranda 3. 3 U.S.C. § 413. be inevitable to meet an all-hands-on-deck 4. USDOL Wage and Hour Division, Fact Sheet #71: for a legislative body. To qualify for appoint- in adjusting to an emergency to which the court deadline, the intern should always be Internship Programs Under The Fair Labor Standards ment under the law intern title, a law student supervising attorney must attend. acquiring skills directly related to proficiency Act, available at https://bit.ly/2F9y6zM. is required to know how to perform legal A good guideline for unpaid internships 5. See, e.g., Mark, v. Gawker Media LLC, 2016 WL in the practice of law. In Glatt, a private sec- research to prepare basic legal documents; the is ensuring hands-on training that a student 1271064 (S.D.N.Y. Mar. 29, 2016). tor decision, the court analyzed the primary might experience in a clinical law school 6. Glatt v. Fox Searchlight Pictures, 811 F.3d 528 (2d Cir. law student must be familiar with legal termi- 2016). nology and legal reference materials. beneficiary test and held: format. In addition to legal research, law stu- … the proper question is whether the 7. Id. at 537. Law students working for private law dents, under the supervision of a government 8. Id. at 535 (citations omitted). See also Wang, 877 F.3d firms may be protected by the Fair Labor intern or the employer is the primary attorney, can review police/incident reports, 69 (2d Cir. 2017). Standards Act3 (FLSA), which generally beneficiary of the relationship. The interview witnesses, digest depositions and 9. Glatt, 811 F.3d at 534. requires the employer to compensate law students unless a particular test is met.4 Government is not required to compensate interns. For example, the FLSA exempts cer- tain people who volunteer to perform ser- vices for a state or local government agency

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Some Long Island Town and Village ordi- pality.2 The only exceptions to this a sidewalk is in disrepair, Garden on basic principles of negligence that gov- nances that direct homeowners to keep side- rule are if the landowner created City may send the abutting land- ern premises cases, charging Ricotta with walks in good repair leave residents with little the defective condition on the side- owner a notice to make the repair having actual notice of the defective fourth legal incentive to comply resulting in limited walk, such as by negligently repair- as with suits against homeowners slab of sidewalk on which Obee tripped. recourse for Plaintiffs who sustain injuries. ing it, or if the landowner derives a pursuant to 178-20. If they fail to The lower court simultaneously cited the The governing case law absolves homeown- special use from the sidewalk, such comply within 30 days, the Village Administrative Code of the Village of Valley ers from liability for trips and falls occurring as a utility box on the sidewalk that may pursuant to Section 178-21 Stream Section 90-7 which imposes a duty on a defective sidewalk absent a clause that serviced their property.3 repair the sidewalk and assess the on owners and occupants of the premises specifically states that the homeowner or The Town of Oyster Bay Code, cost against the non-compliant to repair sidewalks that are damaged by tree occupant will be liable for any personal inju- Article II, Section 205(a) states homeowner’s property. There is roots in front of their property, attributing ry that results from failure to make repairs. that owners are to keep the side- no personal injury clause against strict liability to Ricotta for Obee’s inju- Courts do not consider basic negligence walk in “good and safe repair.” Frances the homeowner. Likewise, Article ries. The Second Department reversed the principles such as the requirement of actual Section 205(b) then states specifi- Catapano 11, Section 80-44 of the Code of lower court’s decision and dismissed the case or constructive notice of a defect and a failure cally that “Such owner or occupant the Village of Valley Stream directs against Ricotta.5 to correct it despite ample time passage. They and each of them shall be liable for any injury owners, occupants, and lessees to keep abut- The Second Department wrote that a do not assign strict liability for a homeown- or damage by reason of omission, failure or ting sidewalks in “good and safe repair.” The landowner like Ricotta “will only be liable er’s willful disobedience of the ordinance in negligence to make, maintain or repair such consequence for failure to comply is a written to a pedestrian injured by a dangerous con- not making requisite repairs in their rulings sidewalk or for a violation or nonobservance notice followed by a $1,000 fine or a few days dition on a public sidewalk when the owner either. Furthermore, undertaking to make of the ordinances relating to making, main- in jail. This is not a large expense. “either created the condition or caused the repairs could subject homeowners in such taining and repairing sidewalks, curbstones Suits against homeowners in Nassau condition to occur because of a special use, municipalities to liability thereby discourag- and gutters.” Plaintiffs who sustain injuries County villages such as Valley Stream or when a statute or ordinance places an ing compliance with local ordinances. on sidewalks in Oyster Bay fare well. have been dismissed on summary judg- obligation to maintain the sidewalk on the Homeowner liability varies from one town Conversely, the ordinances governing side- ment because the local ordinance was silent owner or the lessee and expressly makes the or village to another. Several Long Island town walk liability within the Towns of Hempstead about liability for sidewalk defects.4 Plaintiff owner…liable for injuries caused by a breach and village ordinances impose a duty on land- and North Hempstead require homeowners Shashawn Obee alleged that on April 13, of that duty’”6 Obee would have had recourse owners to maintain the sidewalks. However, therein to keep abutting sidewalks in good and 2012, she tripped on a concrete slab on the had the unevenness of the fourth slab been owners of land abutting sidewalks are not safe repair but are silent on liability for per- sidewalk in front of the Valley Stream home caused by a shift made during the repair of liable for personal injury sustained on a defec- sonal injury sustained thereon. The Villages of of defendant Lucianna Ricotta. The evi- the other three slabs under the cause and tive sidewalk absent an additional clause that Garden City and Valley Stream do not impose dence showed that Ms. Ricotta had recently create exception, but this was not the case expressly deems them such.1 Generally, in the liability on a homeowner for their failure to replaced three slabs on the sidewalk, but not as the fourth slab had been untouched the absence of express imposition of liability on repair sidewalks either. The Village of Garden a fourth slab on which Ms. Obee sustained whole time. the landowner, liability for injuries sustained City Code Section 178-17 states that it is the an injury. Apparently, the slabs of sidewalk Unless the aforementioned Villages enforce as a result of negligent maintenance of or the responsibility of homeowners in the village had become displaced by damage from tree these clauses to perform repair universally, existence of dangerous and defective condi- to keep sidewalks abutting their property in roots. The Supreme Court, Nassau County tions to public sidewalks falls on the munici- “good and safe repair” for pedestrians. When ruled in Obee against the defendant relying See HOMEOWNER, Page 19

LAW YOU SHOULD KNOW On 90.3 FM WHPC Hosted by Kenneth J. Landau, Esq. Celebrating 30 Years! For Voicestream or PODCAST go to www.NCCradio.org Wednesday, August 26, 2020 NCBA Updates Regarding Selling Your House During the Pandemic at 3:00 PM COVID-19 Can Be Found: Wednesday, September 2, 2020 Buying a Home During the Pandemic ON OUR WEBSITE at 3:00 PM WWW.NASSAUBAR.ORG Wednesday, September 9, 2020 Podcasts for Lawyers on the Legal Talk Network ON OUR FACEBOOK PAGE at 3:00 PM @NASSAU COUNTY BAR ASSOCIATION RECENT PODCASTS INCLUDE The Low Cost Paralegal Program at Nassau Community College Becoming a Real Estate Sales Person At this difficult time, the Nassau County Bar How to Pivot Your Practice Association wants you to know we will do Mediation During the Pandemic what we can to help our members with their legal and business responsibilities. GUESTS WANTED All NCBA, Court, and Nassau County updates Contact us at [email protected] if you would like to discuss an regarding COVID-19 can be found on our interesting/important aspect of the law.

website at www.nassaubar.org and our *You can earn CLE by listening to broadcast, podcast (or purchasing CDs) Facebook page. We are here if you need us. of these shows. Check with the Nassau Academy of Law for details. Contact (516) 747-4464 or visit www.nassaubar.org. Nassau Lawyer September 2020 9 Real Estate/Municipal Law Expansion of New York’s Prevailing Wage Requirements Are Coming Amid an unprecedented public health adopted in 1938 and requires that prevailing wage requirements for (c) money loaned by a public entity that is crisis, in the middle of the night on April 3, workers engaged in the perfor- all work performed on the project. to be repaid on a contingent basis; or (d) 2020, the New York State Legislature passed mance of any “public work” shall The legislation defines two of the credits applied by the public entity against the 2021 fiscal year budget which was signed be paid in accordance with the highlighted terms in the previous repayment of obligations to the public entity. by Governor Andrew M. Cuomo later that prevailing wage in the same trade sentence. “Covered project” and Specifically excluded from the definition of same day. In addition to fiscal spending, the or occupation in the locality within “public funding” are each defined “public funds” are RPL Section 421a benefits, $170 billion plus budget includes a panoply the state where such public work is in Section 224-a. However, there funds used to incentivize or ensure develop- of education, public health, environmental, situated.1 The definition of “public are no definitions provided for ment of comprehensive sewage systems, tax and economic development legislation. work” is not specifically defined “project costs” or “construction benefits related to brownfield remediation One very important piece of legislation in the constitution and was tradi- project costs.” Instead, this task and redevelopment, or any other public monies is an amendment to New York Labor Law tionally interpreted to apply to any many others have been delegated determined by the Public Subsidy Board to Nicholas J. which expands prevailing wage requirements to the “Public Subsidy Board,” a be exempt from the definition. project undertaken by state and Cappadora under the New York State Constitution to local municipal agencies, school newly established state agency with apply, for the first time ever, to private proj- districts, public authorities, or any broadly defined powers and discre- “Covered Projects” Formula ects that receive a certain threshold of public other political subdivision of the State. tion which include establishing definitions for The legislation also specifically exempts funds relative to total project costs. The new legislation, embedded deep terms left undefined in the legislation, making certain types of projects from the definition Organized labor, which had been lobbying within the recently adopted budget,2 expands determinations on the minimum thresholds of “covered projects,” including among other Albany for the expansion of prevailing wage the definition of public work and thereby the for covered projects and issuing binding deter- things work on owner occupied one and two requirements for years, hailed the legislation application of prevailing wage requirements minations affecting covered projects.4 family dwellings, work performed under as a hard-fought victory for workers’ rights. to any privately funded project “where the a contract with a not-for-profit corpora- Business leaders and developers however, say amount of all such public funds, when aggre- “Public Funds” Defined tion, work performed on certain multiple that the legislation will make many projects cost gated, is at least thirty percent of the total One term that has a clear definition in residence projects where at least 25% of prohibitive to undertake, hindering new devel- construction project costs and where such the legislation is “public funds,” which is the units are affordable or at least 35% of opment at a time where economic stimulus and project costs are over five million dollars.”3 specified in Section 224-a.2 and includes units are designated for supportive hous- new projects are vital to energizing an economy The legislative changes are codified in newly any of the following: (a) payments made ing services for vulnerable populations or paralyzed by the ongoing public health crisis. created Sections 224-a, 224-b and 224-c of by public entities directly to a developer or any newly created programs for affordable One thing is certain though, this legislation will the New York Labor Law, which are slated to owner that are not subject to repayment; (b) or subsidized housing determined by the impact new real estate development and the go into effect January 1, 2022. savings achieved from fees, rents, interest Public Subsidy Board.5 way private capital is invested in new projects The general framework for this new legis- rates, loan costs or insurance costs that are The legislature’s failure to clearly define that receive benefits from public agencies. lation is that “covered projects,” that is projects lower than the market rate costs; savings other key terms in this legislation essentially that are over five million dollars in total “proj- from payments in lieu of taxes; and any other leaves a gaping hole in the formula it attempts New Definition for “Public Work” ect costs” that receive at least thirty percent savings from reduced, waived, or forgiven to create for determining which projects are By way of background, Article I, Section of “public funding” relative to total “con- costs that would have otherwise been higher 17 of the New York State Constitution was struction project costs,” must comply with but for the involvement of the public entity; See EXPANSION, Page 16 FREE CONFIDENTIAL* HELP IS AVAILABLE The NCBA Lawyer Assistance Program offers professional LOWER COST and peer support to lawyers, judges, law students, and their immediate family members who are struggling with: MEDIATION AND Alcohol Drugs Gambling Mental Health Problems ARBITRATION YOU ARE NOT ALONE Through the Nassau County Bar Association

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Nassau County Bar Association ncba_lawyersassistance For rules, applications, and additional information, Lawyer Assistance Program please call (516) 747-4126. NASSAUBAR-LAP.ORG LIBN—CLE centerfold September 2020 Paper size 23” x 15”; image size 21.25 x 13.25 10 September 2020 Nassau Lawyer

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September 10, 2020 Dean’s Hour: Sonny...Just Like in Money and the Making of “Broadway Joe” 12:30—1:30PM via ZOOM 1 credit in professional practice

Program presented by Rudy Carmenaty, Esq., Vice-Chair, NCBA Publications Committee

A contract signed in 1965 between Sonny Werblin of the New York Jets and University of Alabama Quarterback Joe Namath launched the ‘sports as entertainment’ industry, ultimately making the NFL a multi- billion-dollar industry. A mixture of sports law, entertainment law, and negotiation strategy, this CLE will explore how television transformed football establishing the show business inspired paradigm that governs the legal and business landscape of professional sports today.

September 15, 2020 Auto Insurance Update 2020 5:30—7:30PM via ZOOM 1.5 credits in professional practice; .5 in ethics Skills credits are also available for newly admitted attorneys

No-Fault and Serious Injury A review of recent case law on the “serious injury “ threshold, practical tips on motion practice...and more

September 22, 2020 Update and Review of Significant Recent Cases September 24, 2020 Dean’s Hour: Ethics in Zoning and Land Use Cases and Developments Dean’s Hour: Uninsured Motorist (UM), Underinsured Motorist (UIM) With the NCBA Municipal Law Committee Fighting Back: Using the Law to Fight Anti-Semitism Supplementary Uninsured Motorist (SUM) Practice and Procedures 1:00—2:00PM via ZOOM With the NCBA Civil Rights Committee and the Jewish Lawyers Association of Nassau County 1 credit in ethics 12:45—1:45PM via ZOOM 1 credit in professional practice Program presented by Professor Michael J. Hutter, Albany Law Program presented by Thomas McKevitt, Esq., Sahn Ward Coschignano, Skills credits are also available for newly admitted attorneys School, Powers & Santola, LLP, Albany; Jonathan A. Dachs, Esq., Uniondale Shayne, Dachs, Sauer & Dachs, LLP, New York Program presented by Ilann M. Maazel, Esq., Emery Celli et al LLP, New York; Hon. Gary Knobel, President, Jewish Lawyers’ Association of Nassau County, Inc.

This program is presented by a prominent civil rights attorney who successfully litigated a case against a school district that did not take steps to combat September 23, 2020 anti-semitic actions taken against a Jewish student. The presentation will generally discuss strategies for litigating against a government or company that This Year’s Most Significant Bankruptcy Decisions directly engages in or ignores anti-semitic actions. With the NCBA Bankruptcy Law Committee, the Suffolk Academy of Law, and the Eastern District of New York Chapter of the Federal Bar Association 5:00—7:00PM via ZOOM 2 credits in professional practice September 30, 2020 Business of Law Lecture Series Presents: Dean’s Hour: Law Firm Management Lessons Learned During the COVID Crisis There are many recent and significant cases that have been decided throughout Program sponsored by NCBA Corporate Partner Sterling Bank the country that may impact your practice and strategies for both business and 12:30—1:30PM via ZOOM personal bankruptcy cases. 1 credit in professional practice Skills credits are available for newly admitted attorneys We are pleased to welcome Bill Rochelle, Editor-at-Large for the American Bankruptcy Institute (ABI) and author of the ABI Daily Wire as our guest Program presented by Thomas J. Foley, Esq., Past Dean, Nassau Academy of Law, Foley Griffin LLP, Garden City; Frederick J. Esposito, MBA, speaker. Bill has an extraordinary knowledge of bankruptcy law and recent CLM, Chief Operating Officer, Rivkin Radler LLP, Uniondale developments. He will be joined by Bankruptcy Judges Alan S. Trust, Robert E. Grossman, and Louis A. Scarcella. Rounding out the panel are By popular demand, we are resurrecting our Business of Law Lecture Series that was created by Past Dean of the Nassau Academy of Law, Thomas J. Shari Barak, Esq. and Mickee Hennessy, Esq. Foley.

The goal of this lecture series is focused on teaching attorneys how to think and act like business people, as well as attorneys. We also hope to incorporate a half-hour of virtual networking preceding the program. Networking should be a fully integrated component in the life of every attorney, regardless of years of experience. It will lead to stronger contacts and friendships that can help in every aspect of your practice LIBN—CLE centerfold September 2020 Paper size 23” x 15”; image size 21.25 x 13.25 Nassau Lawyer September 2020 11

PROGRAM CALENDAR

September 10, 2020 Dean’s Hour: Sonny...Just Like in Money and the Making of “Broadway Joe” 12:30—1:30PM via ZOOM 1 credit in professional practice

Program presented by Rudy Carmenaty, Esq., Vice-Chair, NCBA Publications Committee

A contract signed in 1965 between Sonny Werblin of the New York Jets and University of Alabama Quarterback Joe Namath launched the ‘sports as entertainment’ industry, ultimately making the NFL a multi- billion-dollar industry. A mixture of sports law, entertainment law, and negotiation strategy, this CLE will explore how television transformed football establishing the show business inspired paradigm that governs the legal and business landscape of professional sports today.

September 15, 2020 Auto Insurance Update 2020 5:30—7:30PM via ZOOM 1.5 credits in professional practice; .5 in ethics Skills credits are also available for newly admitted attorneys

No-Fault and Serious Injury A review of recent case law on the “serious injury “ threshold, practical tips on motion practice...and more

September 22, 2020 Update and Review of Significant Recent Cases September 24, 2020 Dean’s Hour: Ethics in Zoning and Land Use Cases and Developments Dean’s Hour: Uninsured Motorist (UM), Underinsured Motorist (UIM) With the NCBA Municipal Law Committee Fighting Back: Using the Law to Fight Anti-Semitism Supplementary Uninsured Motorist (SUM) Practice and Procedures 1:00—2:00PM via ZOOM With the NCBA Civil Rights Committee and the Jewish Lawyers Association of Nassau County 1 credit in ethics 12:45—1:45PM via ZOOM 1 credit in professional practice Program presented by Professor Michael J. Hutter, Albany Law Program presented by Thomas McKevitt, Esq., Sahn Ward Coschignano, Skills credits are also available for newly admitted attorneys School, Powers & Santola, LLP, Albany; Jonathan A. Dachs, Esq., Uniondale Shayne, Dachs, Sauer & Dachs, LLP, New York Program presented by Ilann M. Maazel, Esq., Emery Celli et al LLP, New York; Hon. Gary Knobel, President, Jewish Lawyers’ Association of Nassau County, Inc.

This program is presented by a prominent civil rights attorney who successfully litigated a case against a school district that did not take steps to combat September 23, 2020 anti-semitic actions taken against a Jewish student. The presentation will generally discuss strategies for litigating against a government or company that This Year’s Most Significant Bankruptcy Decisions directly engages in or ignores anti-semitic actions. With the NCBA Bankruptcy Law Committee, the Suffolk Academy of Law, and the Eastern District of New York Chapter of the Federal Bar Association 5:00—7:00PM via ZOOM 2 credits in professional practice September 30, 2020 Business of Law Lecture Series Presents: Dean’s Hour: Law Firm Management Lessons Learned During the COVID Crisis There are many recent and significant cases that have been decided throughout Program sponsored by NCBA Corporate Partner Sterling Bank the country that may impact your practice and strategies for both business and 12:30—1:30PM via ZOOM personal bankruptcy cases. 1 credit in professional practice Skills credits are available for newly admitted attorneys We are pleased to welcome Bill Rochelle, Editor-at-Large for the American Bankruptcy Institute (ABI) and author of the ABI Daily Wire as our guest Program presented by Thomas J. Foley, Esq., Past Dean, Nassau Academy of Law, Foley Griffin LLP, Garden City; Frederick J. Esposito, MBA, speaker. Bill has an extraordinary knowledge of bankruptcy law and recent CLM, Chief Operating Officer, Rivkin Radler LLP, Uniondale developments. He will be joined by Bankruptcy Judges Alan S. Trust, Robert E. Grossman, and Louis A. Scarcella. Rounding out the panel are By popular demand, we are resurrecting our Business of Law Lecture Series that was created by Past Dean of the Nassau Academy of Law, Thomas J. Shari Barak, Esq. and Mickee Hennessy, Esq. Foley.

The goal of this lecture series is focused on teaching attorneys how to think and act like business people, as well as attorneys. We also hope to incorporate a half-hour of virtual networking preceding the program. Networking should be a fully integrated component in the life of every attorney, regardless of years of experience. It will lead to stronger contacts and friendships that can help in every aspect of your practice 12 September 2020 Nassau Lawyer Tax, Trusts & Estates Now Is the Time for Estate Planning: How to Leverage Low Interest Rates and a Temporarily Favorable Tax Landscape

The COVID-19 pandemic has brought now include the insulation of the Sales to Intentionally increasing annuity payments of up to 20% interest rates to historic lows which, when gifted property from New York Defective Grantor Trusts per year, allowing the grantor to receive combined with the historically high federal estate tax, and the possibility of smaller annuity payments in the early years gift tax exemption, provides an unprecedented lowering the taxable estate below One planning technique that of the GRAT term, leaving more assets in the window of opportunity for estate planning. the $5,850,000 exemption amount works well with low interest rates GRAT to appreciate.6 Key rates in estate planning include (provided the donor survives three is an installment sale by a grantor If the grantor dies during the GRAT trust the applicable federal rate (AFR) and the years). of assets to an IDGT in exchange term, the lesser of the value of the trust corpus Internal Revenue Code Section 7520 rate. for the IDGT’s promissory note or the value of that portion of the corpus nec- The AFR is the lowest interest rate that can Non-Gifting Strategies with interest payable at the AFR. essary to satisfy the retained annuity must be Depending on the expected cash be charged on a loan between related parties Two strategies for high-net- included in the grantor’s gross estate. Practically, without gift tax consequences or imputed flow of the assets sold, the note may this means that the entire trust property will be worth clients and those who have income. The 7520 rate is the rate for deter- Lorraine S. Boss be structured with a balloon pay- likely be included in the grantor’s estate. already exhausted their federal gift mining the present value of an annuity, life ment. Since the IDGT is a grantor tax exemption are (i) the creation of interest for a term of years, or remainder or trust, there is no capital gains tax Rolling GRATS and a grantor retained annuity trust (GRAT), and reversionary interest. when the assets are sold by the grantor to the Zeroed-Out GRATS (ii) the sale of assets to an intentionally defec- IDGT because the grantor is effectively viewed In response to fears of a pandemic-driv- A common type of GRAT is a “zeroed-out” tive grantor trust (IDGT). For high-net-worth as selling the assets to herself. en recession, the Federal Reserve reduced GRAT, for which the annuity is structured to clients, the lifetime gift tax exemption will cover Funding the IDGT with income-produc- interest rates to historic lows. For August produce no gift or a nominal gift. In order 2020, the AFRs are just 0.17% for short- only a fraction of the assets that will eventually ing assets is ideal since such income will be transferred, and these strategies can be struc- to “zero out” a GRAT, the annuity payment term loans (≤ 3 years), 0.41% for mid-term allow the IDGT to service the promissory is calculated so that the present value of the loans (>3-9 years), and 1.12% for long- tured to reduce a taxable estate with minimal or note without needing to make note pay- no use of the exemption. annuity payments is nearly equal to the fair term loans (>9 years), and the 7520 rate ments to the grantor in-kind, i.e., with a market value of the contributed assets. If the is only 0.4%.1 To put this in perspective, IDGTs and GRATs are essentially estate portion of the assets originally sold to the freeze techniques that exploit the difference assets transferred to the GRAT outperform in August 2007 (before the recession), the IDGT. Making note payments in-kind would the 7520 rate, this excess growth and income between the AFR rates used in estate plan- AFRs were 5.0% short-term, 5.09% mid- require obtaining an appraisal each time is transferred estate tax free to the remainder ning calculations and the actual rate of per- term, and 5.31% long-term and the 7520 in-kind assets are used for payment. beneficiaries, but if the assets do not outper- 2 formance of the transferred assets. Although rate was 6.2%. In a sale to an IDGT, the assets sold are form the 7520 rate, there is little downside. At the same time, the highest-ever federal both GRATs and sales to IDGTs have many removed from the grantor’s estate and frozen Clients can also use rolling GRATs which gift tax exemption is in effect. The Tax Cuts factors in common, there are differences, and at the value of the promissory note. To the are a series of short-term GRATs intended and Jobs Act of 2017 doubled the gift, estate often one strategy is superior to the other. extent that the income earned on the IDGT to increase efficiency and reduce the risk of and generation-skipping transfer tax exemp- Ultimately, which technique to use must be assets plus all post sale appreciation (includ- the assets being included in a grantor’s estate tion to $10 million per individual, indexed evaluated on a case-by-case basis, with a view ing the amount of the discount) exceeds the if the grantor does not survive the term. for inflation, and is now $11,580,000 (a to the mathematics in each situation. AFR, all such excess income and appreciation For example, rather than funding a six-year combined $23,160,000 for married couples).3 will remain in the IDGT and pass to the ben- Grantor Trusts GRAT, the rolling GRAT strategy would This is scheduled to sunset on December eficiaries free of estate tax. This strategy is replace this with a series of three two-year 31, 2025, when the exemption is sched- Both GRATs and IDGTS utilize grantor particularly effective with closely held family GRATs. This technique is best at capturing uled to revert to the previous exemption of trusts. The tax laws governing grantor trusts business interests and real estate. the upside in a volatile market. $5,000,000, indexed for inflation. treat the grantor (i.e., the creator of the trust) Typically, a grantor creates an IDGT and Short-term rolling GRATs work especial- Taking advantage of this high exemption as the owner of the trust assets for income funds it with a gift of cash or other assets ly well with marketable securities. Because now is crucial, given the unpredictability of tax purposes.4 This has several important equivalent to approximately 10% of the value marketable securities are publicly traded, the November elections and the mounting estate-planning implications. of the assets to be sold to the IDGT. This the fair market value is readily determined. federal deficit, each of which could lead to First, because the grantor must pay the “seed” funding is often recommended to sub- Accordingly, the annual annuity payments an earlier reduction in the exemption and income taxes on the trust income, as he is stantiate that the sale is an arm’s length sale. can be paid to the grantor in-kind, i.e., with to further tax law changes that may limit considered to be the owner of the trust prop- The seed money gifted will utilize a portion marketable securities, without the need for the estate planning techniques discussed in of the gift exemption. For clients with no an appraisal and without the reliance on this article. erty, the trust assets will grow free of income tax. The grantor is, in effect, making a “gift” exemption remaining, the grantor can obtain income to meet the annuity payments. personal guarantees in lieu of seed funding. Gifting of the income tax that would otherwise be Now is the Time to Plan borne by the trust (or its beneficiaries), but The grantor can allocate a portion of his Clients who have available exemption generation-skipping transfer tax (“GSTT”) without utilizing any gift tax exemption. In addition to the very real possibility amounts should consider making current exemption to the seed money gifted to the Second, as discussed below, assets can be that the federal gift tax exemption may be gifts, particularly of depressed assets that are trust, thereby shielding any future apprecia- sold by the grantor to the trust, often at a decreased before 2025, other changes may likely to appreciate. Gifts can be further lev- tion from generation-skipping transfers. For discounted value, without the imposition of be on the horizon, especially in light of the eraged with assets that can be discounted for this reason, IDGTs are often structured as income tax or use of the exemption, even if $2 trillion stimulus package. Numerous pro- lack of control and for lack of marketability, multi-generational dynasty trusts. Dynasty the assets sold have appreciated. posals have been set forth to limit the estate as with gifts of minority interests in closely trusts take advantage of the federal GSTT Finally, if the trust includes a power allowing planning techniques discussed in this article. held family businesses, further reducing the exemption by removing family wealth from Among others, there have been proposals to value of the gift and, accordingly, the use of the grantor to reacquire trust corpus by substi- the transfer tax system for as long as the trust tuting other property of equivalent value,5 limit the benefits GRATs can provide by pro- the exemption. is in existence. hibiting short-term and zeroed-out GRATS; i.e., a “swap power,” the grantor can exchange The current New York estate tax exemp- to eliminate discounts for closely-held busi- low-basis assets held in the trust for cash or tion is $5,850,000 and is indexed for infla- Grantor Retained Annuity Trusts ness and real estate interests; and to limit the high-basis assets held by the grantor without tion. Unlike federal tax law, however, New A GRAT is an irrevocable trust to which benefits of IDGTs and dynasty trusts. the imposition of income tax. This allows a York has no gift tax (but adds back to the a grantor transfers assets while retaining the With historically low interest rates, step-up in basis on the assets transferred back gross estate of a resident decedent gifts made right to receive fixed annuity payments for depressed asset values, and a record high fed- to the grantor when later inherited by the within three years of death). The benefits that a specified term. GRATs are most effective eral gift tax exemption with no certainty as to New York residents derive from making gifts grantor’s heirs as part of the grantor’s estate. when interest rates are low. The gift is com- how long the exemption will remain in place, puted by subtracting the actuarial value of the now is the optimal time for estate planning. For Information on retained annuity from the fair market value of Lorraine S. Boss is a Tax, Trusts & Estates the assets transferred to the trust. In order to Partner at Forchelli Deegan Terrana LLP in LAWYERS’ determine the value of the retained annuity, Uniondale, NY. the IRS assumes that the rate of return will equal the 7520 rate. Thus, if the combined 1. Rev. Rul. 2020-15, I.R.B. 2020-32. AA MEETINGS 2. Rev. Rul. 2000-38, 2000-2 C.B. 157. growth and income on the assets transferred 3. Pub. L. No. 115-97, enacted December 22, 2017. to the GRAT outperforms the 7520 rate (cur- 4. The grantor trust rules are set forth in Sections 671–78 Call rently just 0.4%), the increase above the 7520 of the Internal Revenue Code and were originally enacted in order to prevent abuses by taxpayers who were shifting rate passes to the beneficiaries (or trusts for income to taxpayers in lower income tax brackets. (516) 512-2618 their benefit) free of gift and estate tax. 5. I.R.C. § 675(4)(C). GRATs can be structured to provide for 6. Treas. Reg. §25.2702-3(b)(1)(ii) (as amended in 2005). Nassau Lawyer September 2020 13 Real Estate/Municipal Law The Basics for Virtual Public Hearings— How to Be Successful and Efficient

The current pandemic is changing The importance of getting the necessary sions, currently an aggrieved applicant has a every aspect of life and in response, the documents, such as exhibits and plans, pre- longer window to appeal. legal community is adapting accordingly. pared and submitted to the public body, i.e., Joshua D. Brookstein is a Partner with Sahn One tenet of municipal governance is the the Village Clerk or Secretary to the Zoning Ward Coschignano, PLLC. He concentrates requirement to hold public hearings and Board, well in advance of the hearing date his practice in zoning and land use, munici- meetings. Traditionally, such meetings are is vitally important. A practice hearing will pal law, and litigation and appeals. held in person. allow the Clerk or Secretary of the Board Neera I. Roopsingh is an Associate with Although, New York State law has allowed to ensure that these documents are readily the Firm. She concentrates her practice in video meetings for a long time, agencies available for display and review by the public zoning and land use planning, municipal law rarely utilized this option.1 Under the Public during the hearing. and litigation and appeals. Officers Law, board members can attend a Joshua D. Neera I. Finally, applicants should have their public meeting via videoconference as long 1. See Pub. Officers L. § 104. Brookstein Roopsingh presentations prepared in advance. Virtual 2. Governor Cuomo’s Executive Order No. 202.1 sus- as the public notice of the meeting states meetings tend to take longer than in-person pends this requirement of the Open Meetings Law, that video conferencing will be utilized. The is best practice to have a stenographer pres- meetings, technical issues inevitably arise, to allow a public body to hold meetings and hearings notice must identify the location of the meet- ent during the hearing as meetings must be participants talk over each other, and it is without allowing the public to be physically present at the meeting. The order also authorizes public bodies ing and that the public has the right to attend recorded and transcribed. easy for a record to get muddled. Prepared Regardless of which platform (Zoom, to meet remotely by conference call or similar service. the meeting at any of the meeting locations. presentations will allow an applicant to stay Once the Executive Order expires, public notice of a However since the COVID-19 pandemic, Microsoft Teams, conference call, etc.,) the on track and not inadvertently miss any of the virtual hearing will have to include the locations from virtual meetings have become the norm, and public body utilizes to conduct the hearing, presentation’s key points or standards of law. which the board members will be participating and state may well become the method of choice for it may be a worthwhile investment to hold a that the public has the right to attend the meeting at any It will allow an applicant to make sure of the meeting locations. hearings in the months ahead. In response “test meeting”, especially if that meeting will the record is complete so that the Board be the first virtual meeting. A “test meet- 3. See Pub. Officers L. § 104; In re Thorne v. Vill. of to the health crisis, Governor Cuomo has has all the information needed to render a Millbrook Planning Bd., 83 A.D.3d 723, 726 (2d Dept. issued Executive Orders which temporarily ing” will allow municipal staff and public decision. A clear and complete record will 2011); In re Benson Point Realty Corp. v. Town of E. dispenses with the requirement for the public body members to practice and gain familiar- also prove helpful to the applicant should an Hampton, 62 A.D.3d 989, 991 (2d Dept. 2009). ity with the platform being used. It can also 4. Exec. Order No. 202.1 (Mar. 12, 2020). to physically be present at a meeting or public appeal be necessary. 2 serve to formulate a plan of contingencies 5. Zoning Board decisions on variance applications, hearing. The Governor’s Executive Orders The Statute of Limitations for an Article 78 determinations, and appeals are subject to a 30-day based on technological problems which arise have also allowed for teleconference hearings petition challenging a Board’s decision, statute of limitations. Town Law § 267-c; Gen. City Law during the test. § 81-c; Village Law § 7-712-c. The grant or denial of a that aren’t otherwise allowed under the appli- regardless of how the meeting was conduct- From a practical standpoint, it can help site plan application is also subject to a 30-day statute cable statute. ed, is thirty days and failure to comply will board members practice identifying them- of limitations. Town Law § 274-a(11); Gen. City Law § Proper notice has always been, and will be fatal to any challenge regardless of the 27-a(11); Village Law § 7-725-a(11). Similarly, the statute 3 selves before speaking so that the record is remain, a strict requirement under the law. merits.5 Governor Cuomo’s Executive Order of limitation on the grant or denial of a subdivision appli- clear. Holding a test meeting will help ensure Municipalities conducting a virtual public 202.8 and subsequent orders have tolled this cation is 30 days. Town Law § 282; Gen. City Law § 38; that every board member can connect to the Village Law § 7-740. hearing would be well advised to continue Statute.6 So, although a municipal board may strict adherence to this requirement. Further, platform and use the microphone and camera 6. Exec. Order 202.8 (Mar. 20, 2020); Exec. Order 202.48 conduct virtual hearings and render deci- (July 6, 2020). notice of virtual hearings require additional to guard against any potential quorum issues information not ordinarily included in a that can arise due to not being able to log on. notice for in-person hearings. Notice for a Furthermore, a test can ensure that the host virtual hearing should contain: of the meeting can control the microphones • The name of the public body holding of participants, so as to help keep the lines of the hearing; communication open and the record clear. • The date and time of the hearing; In addition, it will allow the board mem- Tax Defense & Litigation • The method that the public body will bers and staff to practice sharing the screen be utilizing to conduct the hearing, i.e., when displaying exhibits, documents, or videoconference or teleconference; plans should the need arise during the actual • Means by which the public can view or meeting. Even more importantly, it will allow listen to the hearing (i.e., conference for practice in addressing public comments call number, Zoom Meeting ID and during the hearing, such as having members Password); and of the public sign up to speak so that individ- • The manner in which an individual uals are not speaking over each other. may submit comment, for example via This will also ensure that the public has e-mail, the deadline to receive such the opportunity to voice any opposition, comments, or whether the hearing will support, or concern for any proposed project be held open for a specific number of or issue contemplated by the hearing, thus days to receive such comment, and that ensuring a “meaningful opportunity” to be the written comments will be made heard. In turn, the Board will be fully aware part of the record. of the public sentiment around the issue they Meeting minutes are still required,4 and it are tasked with considering.

Harold C. Seligman has been a member of the BE THE FIRST TO KNOW United States Tax Court since 1987. He has represented individual and corporate clients Stay up-to-date on the in hundreds of tax cases, both large and small, latest local and breaking over the past 30 years against the IRS and New York State Department of Taxation and Finance. news, blog headlines, opinions and more Long Tuminello, LLP with Long Island 120 Fourth Avenue Business News’ Bay Shore, New York 11706 (631) 666-2500 FREE Daily Alerts www.longtuminellolaw.com Sign up now at LIBN.COM 14 September 2020 Nassau Lawyer General Law An Old Bailey Hack and His Golden Thread My creed included a simple faith in trial described as “sexy.” But the poetry where “Crime doesn’t pay, but it’s They won’t be guilty until twelve honest by jury and the presumption of innocence. as well as the prose of the char- a living.”9 In fact, Rumpole’s live- citizens come back from the jury room The eleventh commandment was, “Thou acter lies in this very absence of lihood depends upon the criminal and pronounce them so. In this country Shalt Not Plead Guilty.” glamour. element and he is a sort of taxicab we’re still hanging on to the presump- –Horace Rumpole Mortimer, who wrote every “committed to giving a ride to any- tion of innocence, if only by the skin script, took his stories from actual one who hails” him.10 of our teeth. At the crossroads where the bar and the cases he had litigated or whose Mortimer puts it most suc- –Horace Rumpole creative community meet, there are certain details he was intimately aware of. cinctly, “No brilliance is needed fictional attorneys that live on in the imagi- As such, Rumpole has more than in the law. Nothing but common For Rumpole and his creator, the bedrock nation. For most Americans, Atticus Finch, a whiff of realism. He exempli- sense, and relatively clean finger- upon which the entire paradigm of English Perry Mason, or Ally McBeal are far more fies everything a criminal defense nails.”11 By extension, his most Law rests is the presumption of innocence— recognizable and far more vibrant than many counsel can and should be. He Rudy Carmenaty recognizable creation is a lower the “Golden Thread,” as he lovingly refers to real-life courtroom advocates. is an advocate who plays his role middle-class renaissance man who it in more than one of his many summations. In Britain, the most celebrated literary with unwavering dedication to his comes to the practice of criminal It is a motif that most telling of all, is main- lawyer, or rather barrister, is Horace Rumpole client, independence of mind and a bit of defense work with a skill belied by his less tained by the labors of a less than prosperous of Rumpole of the Bailey fame. The inspired subversive naughtiness which shows itself than magisterial appearance. barrister and the alleged crimes perpetrated concoction of author and barrister John readily before any court. He brings to every matter before him a by the downtrodden who are paraded in and Mortimer, QC, Rumpole has entertained audi- wry, not quite cynical but certainly jaun- out of the Old Bailey. ences on television and subsequently in print Rumpole: I happen to have a good deal diced, view of human nature. After all, he is The true merit of Rumpole of the Bailey is since 1975. At the same time, “He embodied of faith. over fifty, overweight, and ever put-upon. Yet in the celebration of this maxim. If Rumpole the independence of the Bar, infuriating gov- Samuel Ballard, QC: Yes, in what precisely? he retains a certain joie de vivre which makes of the Bailey has any justification at all beyond ernments, judges, policemen and all persons Rumpole: The health-giving qualities him a very engaging personality. Rumpole, its considerable entertainment value, it is for in authority. Rumpole was television’s first and of claret, of course, the presumption of like Mortimer, “adores good food, enjoys a “the public – and the bar – to understand that perhaps only truly Dickensian character.”1 innocence, and not having to clock into bottle of claret before dinner, loves Dickens, the need to protect the liberty of the subject is 12 Rumpole was brought to life on television chambers in the morning.” and fights for liberal causes.” the main justification for the profession, and 21 by Leo McKern, who vividly portrayed the certainly for its independence.” role with a “disdain for pomposity, self-re- But what makes Rumpole a genuine I had inherited what my father called the Decades ago, a frustrated judge made gard and the soulless application of the law delight lies in the many distinctive touches art of the advocate, or the irritating habit the point that: “Members of the jury. It may without regard for human values.”2 A perfect that Mortimer and McKern have layered on of looking for the flaw in any argument. surprise you to know that the sole purpose of the canvas of the character that makes him –John Mortimer the criminal law of England is not to enter- meld of character and actor, in the pub- 22 lic’s mind McKern became synonymous with seem three-dimensional and quite human. tain Mr. Mortimer.” This may or may not Rumpole. As Geoffrey Robertson, QC noted He recites poetry, particularly Woodsworth, John Mortimer cut a noticeable figure in have been so. But if decades from now the at the time of McKern’s passing: “His great at the drop of his bowler hat. He drinks inex- British literary and legal circles. He played an character of Horace Rumpole is remembered, achievement was creating a lawyer the world pensive wine and smokes cheap cigars at the instrumental role in the passage of the 1968 it will be on account of the Golden Thread could love.”3 local pub. His wife Hilda, who was modelled Theatres Act, which abolished the office of still being recognized as essential to Anglo- the Lord Chamberlain, official censor of the American law. An enduring idea which takes after Margaret Thatcher, is mischievously 13 Judge Graves: Mr. Rumpole, may I ask referred to as “she who must be obeyed.”8 English stage. And befitting a devoted crim- its cue from a fictional character presented where these questions are leading? What also stands out, at least for most inal defense counsel, he campaigned vigorous- with a wink and a smile. Rumpole: I hope, my lord, to the truth. Americans, is the character’s (and through ly for the abolition of capital punishment. Rudy Carmenaty serves as a Bureau him, the author’s) use of the language. On In addition to Rumpole, he wrote plays, Chief in the Office of the Nassau County Rumpole proudly refers to himself as this side of the Atlantic, the English tongue novels, and film scripts of appreciable quality. Attorney, is the Director of Legal Services 4 He was a recognized celebrity who lived life for the Nassau County Department of an “Old Bailey Hack.” His stage is the Old is often taken for granted. Irony, puns, verbal Social Services, and the Language Access Bailey, the central criminal court in London. wordplay, all have a much smaller role in our to its fullest and was applauded for his great charm. As he got on in years, he ruefully Coordinator for the Nassau County By profession he is a ‘barrister’ as opposed to storytelling. Americans prefer action in their Executive. He is also Vice-Chair of the remarked, “I refuse to spend my life worrying a ‘solicitor.’ In the UK, only a barrister may narratives; reaching for the gun is much easi- NCBA Publications Committee. about what I eat. There is no pleasure worth argue before the bench. A solicitor handles er than reaching for a quip. forgoing just for an extra three years in the the front office work, engaging the barrister In every facet of the presentation, Rumpole 1. Hugh Davies, Legacy of ‘grumpy Rumpole’, The Daily geriatric ward.”14 Telegraph (July 24, 2002) at https://telegraph.co.uk. when litigation is required. The barrister is is the epitome of the British barrister as A self-professed “Champagne Socialist,”15 2. Elaine Woo, Leo McKern, 82, Character Actor Brought dependent on the solicitor for the securing Sherlock Holmes is the epitome of the British Rumpole to Life, Los Angeles Times (July 24, 2002) at Mortimer came of age politically with the of clients. detective or James Bond of the British gentle- https://www.latimes.com. Labour Party’s victory in the 1945 general Despite his years of experience, Rumpole man spy. Mortimer has crafted a figure much 3. Louise Jury, Leo McKern, the actor who made Rumpole election. But he was far too idiosyncratic a lawyer we could love, dies at 82, The Independent (July is “a junior member of the bar” by virtue of like himself: an Oxford-educated eccentric in his views to be easily pigeonholed. He 24, 2002) at https://www.independent.co.uk. not being a QC (Queen’s Counsel), the “select with a sly wit, a sharp intellect, and above all a 4. Lauren Weiner, Ornery Lion of the Law, Law & Liberty couldn’t possibly be described as ‘woke’ in (Apr. 4, 2016) at https://lawliberty.org. few who may sometimes be called upon to passion for justice. But justice not in some cos- today’s parlance. In many ways, Rumpole advise the monarch.”5 Of the 2,000 odd bar- mic sense, but rather justice for each individ- 5. Wendy Graham, England’s Finest; Rumpole and His served as a useful persona for Mortimer: “If I Real-Life Models, Carolina Academic Press (Mar. 9, 2020) risters in Britain, the vast majority are juniors ual client arrived at literally one case at a time. at https://cap-press.com. 6 say it, it sounds left-wing, but if Rumpole says rather than seniors. As Mortimer himself, it, it sounds cuddly.”16 6. Id. 7. Sam Marsden and Chris Moncrieff, Rumpole creator who ‘took silk’ when he was appointed a We don’t know much about the Mortimer further embellished his rep- QC, once observed: “Knowing the law is not human conscience, except that it is Mortimer dies at 85, The Independent (Jan. 16, 2009) at utation as a civil libertarian in a litany of Https://www.independent.co.uk. much help for an advocate. In fact, it is a bit soluble in alcohol. 8. Margaret Crick, Barrister who portrayed himself as 7 censorship cases, which broadened the range of a disadvantage. Cramps your style.” –John Mortimer of permissible expression in Britain. These Rumpole, The Financial Times (Jan. 16, 2009) at https:// www.ft.com. Rumpole is the antithesis of the Hollywood matters ranged from upholding the publica- image of the high-powered criminal defense The Old Bailey is not a place that lends 9. Horace Rumpole Created by John Mortimer (1923- tion of Hubert Selby, Jr.’s Last Exit to Brooklyn 2009), The Thrilling Detective at http://www.thrillingde- attorney. His clothes are not stylish, nor itself to pleasant sentiments. Bigotry, hatred, to defending a record store for displaying an tective.com. his offices impressive. His clients are sel- envy, the recurring issue of class in Britain; album cover featuring the punk rock band 10. Weiner, supra n.4. dom fashionable, his cases often pedestrian. but most of all crime, both great but most- The Sex Pistols.17 11. Jill Lawless, John Mortimer, creator of Rumpole of the His practice could never even remotely be ly petty, are all ever-present. It is a world Bailey, Boston Globe (Jan. 18, 2009) at http://archive. His most significant trials were in defense boston.com. of two underground publications, one was 12. Id. called Oz and the other Gay News. The for- 13. John Mortimer: the Good Fight, The independent mer was prosecuted on a charge of conspiring (Apr. 24, 2005) at https://www.independent.co.uk. 14. John Mortimer>Quotes at www.goodreads.com. 631.737.1700 to corrupt minors and the latter was charged 18 15. Sir John Mortimer QC who took on liberal cause but with blasphemous libel. This professional found most fame as the creator of the fictional barrister advocacy resulted in Mortimer being labeled Rumpole, The Daily Telegraph (Jan. 16, 2009) at https:// Looking to reach an exclusive audience? 19 Let us help. Long Island Business News the “mid-wife of the permissive society.” telegraph.co.uk. 16. Crick, supra n.8. now offers co-branded emails, proven Rumpole’s impact has also been felt in 17. James Parker, Living Well is Mortimer’s best revenge, lead generators that will bring attendees the courts of this country. The O.J. Simpson to events and webinars, attention The Boston Globe (August 7, 2005) at archive.boston. to professional announcements and murder trial witnessed a defense attorney com. downloads of whitepapers and other channeling Rumpole: “I think your honour,” 18. John Whitworth, Horace Rumpole, An Anarchist at services that you offer. These emails are he argued before Judge Ito, “that we are, as Heart, Quadrant (June 11, 2016) at https://quadrant.org. sent to an exclusive list of subscribers au. Mr. Rumpole would say, in danger of getting 19. Crick, supra n.8. to our highly popular daily 20 email newsletter. a case of premature adjudication.” More 20. Dodgy wigs, extravagant costumes, over-the-top than an instance of life imitating art, it speaks speeches? You’d never get away with that on stage… The For a limited time, were offering a trial to the character’s impact as a cultural touch- Guardian (Jan. 21, 2001) at www.guardian.com. at the special prices below. 21. Geoffrey Robertson, How Rumpole helped John stone for the legal profession on both sides of Mortimer change the world, The Guardian (Jan. 16, 2009) $1,500 for 30,000 emails [1x buy] the Atlantic. at www.guardian.com. 22. The Guardian, supra n.20. Nassau Lawyer September 2020 15 Real Estate/Municipal Law

that our income driven profession is more noble than we PRO BONO ATTORNEY OF THE MONTH think if we only make a little time (easier said than done). I like making a difference in someone’s life, the kind of dif- ference they may need, because a lot of people have made a lot of difference in mine, including the members of the By Gail Broder Katz Northport Tennis Club.” Fligstein received a B.A. in Science from St. John’s University and her Juris Doctor from Pace University School of Law, where she also earned an international law certificate. She has experience in a variety of areas of Amarilda Brahimi Fligstein law including immigration, compliance, real estate, wills, trusts and estates, criminal and matrimonial law. Now a Welcome to September 2020. Our world has been Law. Like other Pro Bono Project (PBP) volunteers, she solo practitioner, her primary focus is on family law and changed, turned upside down by COVID-19, we are doing attended a TSCLI training and took advantage of the elder law, assisting her clients with multiple issues ranging things in ways thought unimaginable less than a year ago. PBP mentoring program, expressing her gratitude for her from a struggling new family to a struggling aging family. However, what has not changed, and has in fact increased, TSCLI mentor’s help. She has since represented a variety Fligstein’s family was one of the first Albanian families is the need for representation for the underserved popu- of clients and accepted her newest assignment shortly lations of our community. What also has not changed is before the COVID quarantine began. Her enthusiasm and to come to the United States, where she attended college the commitment of our Bar to serving this population. dedication to her clients is such that in 2018 she logged and became a lawyer. She believes that great achievement To that end, it is with great pleasure that The Safe Center over 125 hours of pro bono representation making her comes with the great responsibility to educate her com- LI (TSCLI) recognizes Amarilda Brahimi Fligstein as the the number one TSCLI PBP volunteer for 2018. Fligstein munity of the rights they have and to inspire younger Nassau Lawyer’s Pro Bono Attorney of the Month for was to be honored for this achievement at the Pro Bono generations to educate themselves and use that knowledge September 2020. Recognition Reception (originally scheduled for July 22) to help others. Leading by example is a powerful way of The proud mother of two young children, in 2017 and will be honored when it is held in 2021. doing that. she was ready to return to practicing law, but was new in When asked if any particular case or client stood out, Fligstein is a credit to the Albanian community, the town, not knowing any attorneys or possible mentors. It she replied, “[My] most memorable was the most recent legal community, and the diverse communities she so ably was recommended that Fligstein start meeting members case I had involving a mom and daughter trying to adjust serves. Her fluency in Albanian and Greek helps to level of the legal community by doing pro bono work. She took to a new life. I had to navigate a delicate balance between the playing field for those who do not have a command that advice and was looking for meaningful volunteer motivating the client to pursue her goals while also letting of the English language. Her hard work paired with her work when her husband, an executive with the United her make her own choices. I learned that all I had to do kindness has helped countless individuals and families. Way of Long Island and a source of strength, suggested was give her the tools she needed (the law) to have her We are grateful for her unwavering dedication and ask she contact TSCLI. As a recipient of United Way grants, voice heard. We worked well as a team, we got everything that you join us in congratulating her being honored as the he correctly thought it would be a good fit. In her own she asked for. And she deserved it all.” Nassau Lawyer Pro Bono Attorney of the Month. words, “I reached out to Lois (Schwaeber) and after a few In addition to her work with TSCLI, Fligstein has also minutes it became apparent that there was a need and I volunteered with the NCBA, NY CARES, NOW and the Gail Broder Katz is the Pro Bono Project Coordinator for The Safe Center LI (formerly Nassau County Coalition was happy to help.” Gift of Life program. While performing volunteer work Against Domestic Violence). She can be contacted at While she had experience in different areas of law, has helped her establish her own practice, she continues to [email protected] or (516) 465-4700 for information Fligstein was relatively new to the practice of Matrimonial serve, “Doing pro bono work humbles me. It reminds me about the Project and how you can help.

IN BRIEF

Managing Partner Joseph G. Milizio of 19 and matrimonial and family and presented “COVID 19—Why Forchelli Deegan Terrana LLP’s (“FDT”) Vishnick McGovern Milizio LLP (VMM) law matters. Avrohom Gefen You Need A Knowledgeable Elder Managing Partner, Jeffrey D. Forchelli, was is pleased to announce the establishment was also a featured guest on Law Attorney More Than Ever!” selected by his peers for inclusion in the 27th of four new practices: COVID-19 Legal “The New Normal” on June 29, Karen Tenenbaum, LL.M. Edition of The Best Lawyers in America© for Assistance (launched in March); Surrogacy, discussing COVID-19 and busi- (Tax), CPA, tax attorney, and Land Use & Zoning Law. He has been rec- Adoption, and Assisted Reproduction; ness and employment law mat- Marisa Friederich spoke for ognized annually since 2018. FDT Partner Real Estate Litigation; and Personal Injury. ters. The prime-time morning AAA-CPA discussing NYS res- Gregory S. Lisi was recognized for the first VMM is also pleased to welcome two new show is broadcast across New idency tax issues. Throughout attorneys, counsel Richard H. Apat as head York and New Jersey. Counsel time in Litigation—Labor & Employment Law. the pandemic, Karen and her of the Real Estate Litigation and Personal Richard H. Apat was interviewed In addition, the following FDT attorneys were firm were a resource to the com- Injury practices and associate Andrew S. on CBS New York 5 o’clock news included in the inaugural edition of the Best Marian C. Rice Koenig in the Personal Injury practice. on August 6 about the legal munity. Karen was interviewed Lawyers: Ones to Watch: Lindsay Mesh Lotito Joseph G. Milizio has also announced that responsibility for property dam- by News 12 discussing the for her work in Banking & Finance Law and the firm has been ranked in the 2020 age and personal injuries caused by tropical COVID Tax Relief updates. The Melville- Robert L. Renda for his work in Tax Law. New York Law Journal “New York’s Top- storm Isaias. Andrew A. Kimler was a fea- based firm represents taxpayers in IRS and Rated Lawyers” list in three practice areas: tured presenter at the New York Society of NYS tax matters. Trusts and Estates, Real Estate Law, and Association Executives (NYSAE) webinar Stephen J. Silverberg, CELA, has been The In Brief column is compiled by Marian C. Rice, a partner at the Garden City law firm LGBTQ Representation. The firm has also on July 24, discussing current challenges named as a member of the Executive L’Abbate Balkan Colavita & Contini, LLP, been named in the Global Law Experts facing the workplace. Richard H. Apat will Committee of the Estate Planning Council where she chairs the Attorney Professional Awards 2020 as “Trust & Estate Litigation be conducting a webinar about neighbor of Nassau County, an organization that pro- Liability Practice Group. In addition to Law Firm of the Year in New York.” In issues during COVID-19 and Isaias from motes the exchange of ideas and informa- representing attorneys for 35 years, Ms. Rice addition, the firm proudly congratulates the legal and insurance perspectives on tion among estate planning professionals. is a Past President of NCBA. three of its attorneys for being named to August 26. Founding Partners Daniel J. Hansen Please email your submissions to the Best Lawyers: Ones to Watch 2021 list: Ronald Fatoullah of Ronald Fatoullah and Troy G. Rosasco of Hansen & Rosasco, [email protected] with subject partner Constantina S. Papageorgiou in & Associates presented several education- LLP recently opened their new office at line: IN BRIEF two practice areas, Elder Law and Trusts al webinars throughout the month utiliz- 1377 Motor Parkway, Suite 301, Islandia, and Estates; counsel John P. Gordon in ing the virtual platform. He provided current the practice area of Business Organizations updates regarding the changes in community NY 11749. They also have offices in mid- The Nassau Lawyer welcomes submissions town Manhattan. The firm is devoted exclu- to the IN BRIEF column announcing news, (including LLCs and Partnerships); and Medicaid and collaborated with expert patient events, and recent accomplishments of its cur- associate Meredith Chesler in the practice advocates in the medical and insurance arenas sively to representing first responders and rent members. Due to space limitations, sub- area of Trusts and Estates. Joseph Trotti to provide guidance during this uncertain downtown Manhattan survivors before the missions may be edited for length and content. of Vishnick McGovern Milizio LLP was time. Mr. Fatoullah also served as a guest 9/11 Victim Compensation Fund. The Firm PLEASE NOTE: All submissions to the IN BRIEF column must be made as WORD a featured guest on News 12’s “The New instructor at the monthly “Teach-in” for the Administrator, located at the Islandia office, DOCUMENTS. Normal” on July 14, discussing COVID- New York Statewide Senior Action Council is Dede S. Unger. 16 September 2020 Nassau Lawyer WE CARE

We Acknowledge, with Thanks, Contributions to the WE CARE Fund

Dear Colleagues: DONOR IN HONOR OF The hunger of the poor did not stop care which working parents cannot afford. Carol Kantor Stephen W. Schlissel’s Birthday because of the pandemic. It only got worse. Spousal and child abuse have increased The needs of the disadvantaged for during this crisis, and the abused need Diane Donnelly and Peter Batterson The WE CARE Fund other basic life needs did not stop because our help. All the agencies that supply these of the pandemic. It only got worse. services need our help. Joanne Rosello The WE CARE Fund The necessity of charities to help the In light of the above, we are reaching less fortunate in all areas of their lives out to our prior supporters and all NCBA did not stop because of the pandemic. It members. WE CARE knows and appre- DONOR IN MEMORY OF only got worse. ciates the depth of your own charity for The WE CARE Foundation, a char- others. Please help WE CARE do its best Stuart Davis Nancy Bernheim itable arm of the Nassau County Bar to fulfill its mission. WE CARE needs Association (NCBA), understands things YOUR help to be able continue to make Kimberly L. Snow Alan M. Snowe have gotten worse and needs your help. its grants. We know your ability to give Since its inception, We Care has pro- may be restricted somewhat now, but Kimberly L. Snow JR Galvez vided over five million dollars in grants please give what you can. Whatever you to help Nassau County’s residents in need. give, if others give also, it will add up to an Norman Lorintz, Kimberly L. Snow Now, when many of those needs are mag- important amount. father of Hon. Joseph H. Lorintz nified due to COVID-19, the WE CARE Many of us have been blessed with a fund is struggling to help. BUT it cannot good life. An unknown author once wrote Adrienne Hausch Aaron Britvan do so through its traditional fundraisers that: While it is good to be blessed, it is like Dressed to a Tea, its Golf and Tennis equally good, if not better, to be a blessing. Classic, Casino Night and other events You can help WE CARE continue to Frederick J. Magovern Aaron Britvan due to both the limitations imposed on fulfill its mission by going to the NCBA public events and other health concerns. website, clicking on WE CARE and mak- Hon. Roy S. Mahon Hon. Bruce D. Alpert WE CARE has made grants to food ing a donation. And remember, since the kitchens, food banks, agencies which sup- NCBA picks up all the administrative Hon. Roy S. Mahon Lisa Burke ply shelter and clothing, and agencies that expenses of WE CARE, WE CARE will provide after-school and summer day- be able to grant 100% of what you donate. Hon. Roy S. Mahon Hon. Edward A. Maron THANK YOU. Hon. Raymond Harrington, Michael H. Masri, Esq. Hon. Roy S. Mahon Co-Chair, WE CARE Advisory Board father of Hon. Patricia A. Harrington

Checks made payable to Nassau Bar Foundation — WE CARE IN MEMORY OF KEVIN KELLY, Contributions may be made online at www.nassaubar.org or by mail: HUSBAND OF LATONIA EARLY KELLY NCBA Attn: WE CARE 15th & West Streets Mineola, NY 11501 Hon. Denise L. Sher Cythia Rund Martha Haesloop CONGRATULATIONS TO MICHAEL MASRI ON HIS MARRIAGE Adrienne Hausch Hon. Denise L. Sher IN MEMORY OF REVEREND JAMES BUCARIA, BROTHER OF HON. STEPHEN A. BUCARIA AND THOMAS A. BUCARIA IN MEMORY OF FLORY WARSHAWSKY, Hon. Denise L. Sher Hon. Leonard B. Austin Martha Haesloop Hon. Roy S. Mahon WIFE OF HON. IRA B. WARSHAWSKY Hon. Marvin and Carol Segal Kase & Druker, Counsellors at Law Hon. Marie G. Santagata Samuel J. Ferrara Hon. Roy S. Mahon IN MEMORY OF HON. SAMUEL M. LEVINE IN MEMORY OF MARILYN STURIM, Emily F. Franchina Hon. John G. Marks Gregory S. Lisi Hon. Stephen and Peggy Jaeger MOTHER OF HON. HOWARD E. STURIM Steven Schlesinger Hon. Susan Katz Richman Hon. Denise L. Sher Hon. Denise L. Sher Hon. Fred J. Hirsh Hon. Susan Katz Richman Hon. Leonard B. Austin Stephen Gassman Hon. Leonard B. Austin

costs? How does the definition of “con- impact.”7 The board may delay implemen- 3. Labor Law § 224-a, effective Jan. 1, 2022. Expansion ... struction project costs” (of which public tation on a statewide basis, or a region by 4. Labor Law § 224-c. Continued From Page 9 subsidies must be at least 30% to trigger region basis.8 5. Labor Law § 224-a(4)(a)–(k). 6. Id. The 13 members of the Public Subsidy Board shall prevailing wage requirements) differ from It is common knowledge that nearly all be appointed by the Governor as follows: one member “covered.” If a project’s eligibility it deter- the definition of “project costs” (which must large-scale developments on Long Island upon the recommendation of the temporary President of mined by a ratio of the public subsidies it exceed five million dollars as a baseline would not be feasible but for the financial the State Senate, one member upon the recommendation threshold for the new legislation)? of the Speaker of the Assembly, the Commissioner of the receives verses total cost of the project, then assistance afforded by local municipalities These are just a few of the questions that vis-a-vis Industrial Development Agencies. Department of Labor, the President of the Empire State the numerator for this formula is the public the Public Subsidy Board will need to opine This assistance typically includes payment Development Corporation, the Director of the Division subsidies and the denominator is the total on when its thirteen board members are in lieu of tax agreements, sales and use tax of the Budget, two members representing employees in project costs. If dividing the total public sub- 6 the construction industry, of whom one shall be a repre- appointed by the Governor. exemptions and partial mortgage recording sentative of the largest statewide trade labor association sidies by the total project costs equals 30% or tax exemptions, among others. Going for- more, then that project will be “covered” by representing building and construction workers, and one Going Forward ward, a thorough financial assessment must shall be a representative of the largest trade labor associa- this new prevailing wage legislation. The legislation, which is set to go into be performed for all future projects seeking tion representing building and construction workers with A developer cannot make this calcula- effect on January 1, 2022, is ambiguous as to public subsidies in the wake of this legislation membership in New York City, and two members repre- tion without knowing exactly what goes whether projects going through the entitle- to determine whether the aggregate value of senting employers in the construction industry, of whom one shall be a representative of the largest statewide into the denominator, i.e., what constitutes ment process will be deemed exempt from savings received for the project will trigger total “construction project costs”? Do they organization representing building owners and develop- the prevailing wage requirements on the date the prevailing wage thresholds established ers, either for-profit or not-for-profit, and one shall be a include all material and labor costs? How it becomes effective, which is a significant in the law. representative of a statewide organization representing should those labor costs be calculated? concern for projects on Long Island where Nicholas J. Cappadora is an associate at building owners and developers, either for-profit or not- Should they be based on bids received in the the entitlement process can take years to Sahn Ward Coschignano, PLLC, specializing for-profit, representing a region different than the region open market as a private project, or based complete. Another important power reserved in land use and zoning law and industrial primarily represented by the initial employer representa- on a public bidding process that utilizes to the Public Subsidy Board is the ability to development agency transactions. tive. The Commissioner shall act as the chair. prevailing wage standards? Are soft costs 7. Labor Law § 224-c(7). temporarily delay the implementation of the 8. Id. The Board may delay implementation after consul- such as architectural, engineering, environ- 1. NY Const Art I, § 17. legislation past January 1, 2022 “in the event 2. 2020-21 Art. VII Language Bills, Transportation, tation with the New York State Department of Labor, the mental, legal fees and other due diligence that the board finds that there is or likely Economic Development and Environmental U.S. Department of Labor and the Federal Reserve Bank costs included? What about land acquisition would be a significant negative economic Conservation, S7508-B / A9508-B, at 95, pt. FFF. of New York. Nassau Lawyer September 2020 17

We Welcome the following New Members

Students Attorneys Lovashni Khalikaprasad In Memoriam NCBA Nelson Edward Timken Alexander Regalsky Hon. Samuel M. Levine Yacine Ayana Williams Sustaining Members 2 0 2 0 - 2 0 2 1 29 days. The case was brought by parents Executive ... of children who were not vaccinated pur- Continued From Page 6 suant to a religious exemption who were The NCBA is grateful for these individuals who now barred from attending places of public “[I]n the event of a disaster…and upon assembly, such as schools, and the case called strongly value the NCBA's mission and its a finding by the chief executive thereof that into question whether Edwin J. Day, the the public safety is imperiled thereby, such County Executive of Rockland County, “had contributions to the legal profession. chief executive may proclaim a local state the authority pursuant to Executive Law § 24 of emergency within any part or all of the to issue the Emergency Declaration.”16 The territorial limits of such local government…. Respondent argued that the measles outbreak was an “epidemic,” and as such would “rise to Following such proclamation and during the Erica Lucille Alter James P. Joseph continuance of such local state of emergency, the level of an ‘epidemic’ as included in the the chief executive may promulgate local definition of ‘disaster’” under Executive Law Margaret Alter Hon. Richard S. Kestenbaum emergency orders to protect life and property § 24. The Court, however, held that the issued Mark E. Alter Hon. Susan T. Kluewer executive order exceeded the Respondent’s or to bring the emergency situation under Vanessa P. Anagnostou Donald F. Leistman c ont ro l .” 13 The rule further provides for some [County Executive’s] authority as the level of examples of the reach and breadth of these the crisis did not “rise to the level of a pan- Michael J. Antongiovanni Marilyn M. Levine 17 emergency orders, such as imposing curfews demic.” Local Emergency declarations are Ernest T. Bartol Gregory S. LisiMili Makhijani permissible, but need to be limited in scope or closing places of assembly. Howard Benjamin Peter J. Mancuso Executive Law § 24 has a total of seven and duration. Jack A. Bennardo Michael A. Markowitz other subsections which create additional Conclusion requirements that the chief executive may Hon. Maxine S. Broderick Tomasina Cuda Mastroianni be subjected to. Subsection 2 requires the COVID-19 created circumstances not chief executive to publish the local emer- seen before in our lifetimes. Confronted with Neil R. Cahn Anthony J. Montiglio gency order so that it is transmitted to the unprecedented realties, the Governor and Jeffrey L. Catterson Teresa Ombres public, such as in newspapers or television other elected chief executives were forced, Alan W. Clark Hon. Michael L. Orenstein broadcasts. Subsection 3 dictates the manner through the use of the executive orders, to in which the local state of emergency must contour the lives of the citizens to fight this Hon. Lance D. Clarke Lisa M. Petrocelli be filed and with whom it must be filed. pandemic. However, the courts and legis- Richard D. Collins Christian Aaron Pickney Subsection 4 declares that nothing in § 24 latures have instructed that actions that are Hon. Catherine Eileen Daly Milan Rada limits the ability of other responsibilities or taken to surmount such challenges must be duties to be bestowed upon the chief exec- limited in scope and substance. Preservation Hon. Joseph A. DeMaro Michael E. Ratner utive. Subsection 5 states that anyone who of the collective whole is necessary, for cer- Michael DiFalco Marc W. Roberts violates a local emergency order shall face tain, but the founding principles of this coun- Laura M. Dilimetin Jamie A. Rosen criminal penalty. Subsection 6 states that the try must still be preserved. chief executive may request that the governor John P. DiMascio Jr. Leonard M. Rosen Charles J. Casolaro is the principle of the remove inmates from institutions within the Law Offices of Charles Casolaro of Garden Janet Nina Esagoff Daniel W. Russo emergency jurisdiction. Subsection 7 states City, and a village attorney for two Long that the chief executive may request assis- Island villages, as well as special counsel to Samuel J. Ferrara Jerome A. Scharoff tance from the governor, “provided that such others. Mr. Casolaro wishes to thank Hofstra Ellen L. Flowers Stephen W. Schlissel Law graduate Julia Evans for her research chief executive determines that the disaster Thomas J. Foley Hon. Denise L. Sher is beyond the capacity of local government and assistance in the preparation of this Article. Mr. Casolaro can be reached at cjc@ Marc C. Gann Ira S. Slavit to meet adequately and state assistance is casolarolaw.com necessary to supplement local efforts to save Eugene S. Ginsberg Wiliam J.A. Sparks lives and to protect property, public health 1. Population and Housing Unit Estimates – United Frank Giorgio Jill Stone and safety, or to avert or lessen the threat States Census Bureau (Jan. 29, 2020). of a disaster.”14 Subsection 8 states that any 2. See Harvard Journal of Law & Public Policy; Preface, Stephen F. Gordon Sanford Strenger emergency order may be terminated by the Volume 43, Number 3 (Summer 2020). Hon. Frank A. Gulotta Terrence L. Tarver legislature at any time, which serves as a 3. See Eric Nelson, The Royalist Revolution: Monarchy and the American Founding 15, 17, 184-228 (2014), as quoted Mary Elizabeth Heiskell Danielle M. Visvader check on this extended executive power. As from a lecture delivered by William Barr, the current shown, the rule does not expressly limit this Attorney General of the United States, at the nineteenth Alan B. Hodish Hon. Joy M. Watson annual Barbara K. Olsen Memorial Lecture on November emergency power any further than the stated Carol M. Hoffman David Paul Weiss purpose of this power, which is “to protect 15, 2019, at the Federalist Society’s 2019 National Lawyers Convention. Warren S. Hoffman life and property or to bring the emergency 4. See id. 15 situation under control.” 5. See id.; see also Lee Edwards, What is Conservatism?, Case law is scant of the role of a Mayor Heritage Foundation (Oct. 25, 2018). as chief executive during national or state 6. See generally N.Y. Const., art. IV, s 3; Rapp v. Carey, 88 Misc.2d 428 (1977). declared emergencies, such as COVID-19. 7. See N.Y. Const., art. III, s 1; id. However, the one matter that is instructive 8. See generally Office of the Governor, www.ny.gov/agen- is W.D. on behalf of A. v. County of Rockland, cies/office-governor. where a local emergency order was issued in 9. See Dorst v. Pataki, 167 Misc.2d 329 (1995). response to a measles outbreak in Rockland 10. See Dao Yin v. Cuomo, 2020 WL 2739952 (2d Dept. May 27, 2020). County, which was classified as an “epidem- 11. See State Executive Law § 29-a(1). ic.” In that case, the local emergency order 12. See State Executive Law at § 20(2)(f)). at issue declared a prohibition of minors or 13. See State Executive Law at §24 (1). infants from any place of public assembly 14. See id. To become a Sustaining 15. See id. if that minor or infant was not vaccinat- 16. See W.D. on behalf of A. v. County of Rockland, 63 ed against measles, with extremely limited Misc.3d 932 (Sup. Ct., Rockland Co. Apr. 5, 2019). exceptions, for a period of time totaling 17. See id. Member, please contact the Membership Office at Subscribe today (516) 747-4070. 18 September 2020 Nassau Lawyer

DISTRICT COURT IN-HOUSE COUNSEL NEW LAWYERS Discusses issues arising from practice Shares information and support to assist Structured events and activities of benefit in District Court, and promotes dialogue in-house counsel and new subject matter skills. and interest to newer attorneys (within between the bench and the bar with respect Chair: Tagiana Souza-Tortorella ten years of admission) and law students, 2020-21 NCBA Committee to issues of common concern. including social and professional activi- INSURANCE LAW Co-Chairs: S. Robert Kroll and Roberta ties. Establishes support network for new List and Chairs Reviews insurance claim procedures, insur- lawyers. D. Scoll ance policies, substantive insurance law and Co-Chairs: Steven V. Dalton and Glenn DIVERSITY AND INCLUSION related issues. Questions? Contact Stephanie R. Jersey, III Encourages more diverse membership Pagano at (516) 747-4070 or INTELLECTUAL PROPERTY LAW participation at the Bar and promotes dis- Provides a source of information to prac- PARALEGAL [email protected] for cussion of issues related to diversity in the ticing attorneys whose interests relate to Promotes the exchange of information between paralegals and attorneys and pro- more information. practice of law. patents, trademarks, copyright and other vides and establishes a networking opportu- Chair: Hon. Maxine S. Broderick intellectual property matters. nity between paralegals and attorneys. Vice Chair: Rudy Carmenaty Vice Chair: Sara Dorchak Chair: Maureen Dougherty DOMUS (HOUSE) LABOR & EMPLOYMENT LAW Vice Chair: Cheryl Cardona Oversees repairs and refurbishing of the Analyzes proposed federal and state legislation, NCBA headquarters. PLAINTIFF’S PERSONAL INJURY ACCESS TO JUSTICE CIVIL RIGHTS LAW administrative regulations, and current judicial Chair: Maureen Dougherty decisions relating to employer-employee Discusses new developments and changes Develops innovative programs to provide Explores issues related to the protection of relations, pension, health and other employee in the law that affect plaintiff’s lawyers and free or reduced fee access to legal counsel, the rights of minorities and the various civil EDUCATION LAW benefit plans, Social Security and other matters their clients. advice and information. Discusses topics related to the legal aspects rights legislation. in the field of labor and employment law. Chair: Ira S. Slavit Co-Chairs: Kevin P. McDonough and of school systems. Chair: Bernadette K. Ford Chair: Matthew B. Weinick Vice Chair: David J. Barry Gregory S. Lisi Co-Chairs: John P. Sheahan and Vice Chairs: Robert L. Schonfeld and Vice Chair: Michael H. Masri PUBLICATIONS Vice Chair: Sheryl A. Channer Rebecca Sassouni Zhenlan Hu Solicits and develops articles for the month- Vice Chair: Abigail Hoglund-Shen *LAWYER ASSISTANCE PROGRAM ADOPTION LAW Provides confidential assistance to attorneys ly Nassau Lawyer publication; advises and COMMERCIAL LITIGATION Discusses issues relating to all aspects of ELDER LAW, SOCIAL SERVICES & struggling with alcohol, drug, gambling and supports efforts of the Nassau Lawyer Provides a forum for attorneys practicing the adoption process, including laws and HEALTH ADVOCACY other addictions & mental health issues editor. commercial litigation, including interaction legislation. Addresses legal issues related to health, that affect one’s professional conduct. Co-Chairs: Christopher J. DelliCarpini with justices and support staff of Nassau mental hygiene and social services for the Co-Chair: Faith Getz Rousso *Application & Presidential approval required and Andrea M. DiGregorio County’s Commercial Part. Works with other public and special population groups, includ- Chair: Jacqueline A. Cara Vice Chair: Rudy Carmenaty ALTERNATIVE DISPUTE RESOLUTION related committees and NCBA Officers and ing the poor, the aged and the disabled. *LAWYER REFERRAL REAL PROPERTY LAW Reviews innovative trends and strategies Directors on issues of corporate law affect- Co-Chairs: Katie A. Barbieri and Advises the NCBA Lawyer Referral Service; Considers current developments relating to regarding alternative dispute resolution, ing both litigated and non-litigated matters. Patricia A. Craig addresses policy questions regarding fees, the practice of real estate law. including NCBA’s Arbitration and Mediation Vice Chairs: Marianne A. Anooshian and Chair: Matthew F. Didora law categories and membership. *Presidential Vice Chair: Jon Michael Probstein program. Suzanne Levy Vice Chairs: Jeffrey A. Miller and approval required Co-Chairs: Marilyn K. Genoa and Jess SENIOR ATTORNEYS ENVIRONMENTAL LAW Christopher J. Clarke LEGAL ADMINISTRATORS Members approximately 65 and older meet A. Bunshaft Establishes a forum for the exchange of Provides a forum for legal administrators to to discuss pertinent issues in their personal COMMUNITY RELATIONS & PUBLIC ANIMAL LAW information regarding substantive and share information, learn about updates to HR and professional lives. EDUCATION procedural law in the burgeoning field of Focuses on animal law-related issues and and labor law, gain knowledge about topics rel- Chair: Charles E. Lapp, III environmental matters. their interrelationship with other areas of Provides speakers to schools, libraries and evant to their position, and network with other SPORTS, ENTERTAINMENT & MEDIA the law. community organizations; conducts mock Chair: Nicholas C. Rigano administrators, while at the same time increas- LAW Co-Chairs: Kristi L. DiPaolo and trial competition for high school students; ETHICS ing visibility and understanding related to the Considers topics and factors specifically promotes Law Day; and plans public educa- Responds to member inquiries relating to administrator’s role within law firms. Florence M. Fass related to practice in the field of sports, tion seminars on current topics. ethics and propriety of all facets of practicing Co-Chairs: Dede S. Unger and Virginia entertainment and media law. APPELLATE PRACTICE law, including advertising, conflict of interest Kawochka Chair: Joshua D. Brookstein Chair: Seth L. Berman Addresses effective brief writing and oral and confidential relationships. LGBTQ arguments on appeal as well as develop- Vice Chair: Ingrid J. Villagran Chair: Matthew K. Flanagan Addresses equality in the law and the legal SUPREME COURT ments in the law or court rules that may CONCILIATION Vice Chairs: Avigael C. Fyman and Mili concerns of the LGBTQ community. Provides a forum for dialogue among bar impact appellate practice. members and the judiciary on topics related Provides an alternative voluntary process Makhijani Co-Chairs: Charlie Arrowood and to Supreme Court practice. Chair: Jackie L. Gross through which fee disputes between clients FAMILY COURT LAW & PROCEDURE Byron Chou Vice Chair: Amy E. Abbandondelo Chair: William Croutier, Jr. and attorneys are arbitrated. Addresses issues that relate to the practice Vice Chair: Barrie E. Bazarsky Vice Chair: Steven Cohn Chair: M. Kathryn Meng of law in Family Court. ASSOCIATION MEMBERSHIP MATRIMONIAL LAW SURROGATE’S COURT ESTATES AND Develops strategies to increase and retain Vice Chair: Steven L. Keats Chair: Susan G. Mintz Promotes the standards and improves the membership as well as expand member TRUSTS FEDERAL COURTS practice of matrimonial law. CONDEMNATION LAW & TAX Deals with estate planning, administration services and benefits. Monitors developments in federal practice Chair: Samuel J. Ferrara CERTIORARI and litigation; reviews pending relevant New Chair: Michael DiFalco and interfaces with federal judges and court Vice Chairs: Jeffrey L. Catterson and York State legislation; and maintains an Focuses on issues related to real property personnel. Karen L. Bodner interchange of ideas with the Nassau County BANKRUPTCY LAW valuation and litigation. Chair: David Shargel Surrogate and staff on matters of mutual Reviews recent decisions on bankruptcy MEDICAL LEGAL Chair: Richard P. Cronin Vice Chair: Matthew C. McCann interest. law and their implications for attorneys who Reviews issues relating to medical malprac- represent debtors or creditors. CONSTRUCTION LAW GENERAL/SOLO/SMALL FIRM PRACTICE tice litigation for plaintiffs and defendants. Co-Chairs: Amy F. Altman and Brian P. Chair: Neil H. Ackerman Provides a forum for discussion on topics MANAGEMENT Co-Chairs: Mary Anne Walling and Corrigan Vice Chair: Jeannine M. Farino related to construction law. Provides networking opportunities for Susan W. Darlington VETERANS & MILITARY LAW Chair: Michael D. Ganz general, solo and small-firm practitioners, Vice Chair: Christopher J. DelliCarpini Reviews legislation and regulations associ- BUSINESS LAW, TAX, AND and explores ways to maximize efficient law ated with military law and veterans’ affairs, Vice Chair: Raymond A. Castronovo MENTAL HEALTH LAW ACCOUNTING practice management with limited resources. in particular, the needs of reservists and Provides programs on legal issues con- Educates members on emerging issues in CRIMINAL COURT LAW & PROCEDURE Encompasses a variety of areas of practice. National Guard called to active duty. cerning mental illness and developmental corporate and tax law as well as accounting Reviews legislation related to the field of Chair: Scott J. Limmer Chair: C. William Gaylor, III related matters, and promotes the exchange disabilities, including but not limited to, criminal law and procedure, and discusses HOSPITAL & HEALTH LAW of information between attorneys and capacity, civil rights, access to treatment and WOMEN IN THE LAW problems, questions and issues pertinent to Considers legal issues impacting health care, dual diagnosis, as well as discusses relevant accountants. Examines current trends regarding women attorneys practicing in this field. hospitals, nursing homes, physicians, other statutes, case law and legislation. in the court system, and seeks to protect Co-Chairs: Jennifer L. Koo and Scott L. Chair: Dennis O’Brien providers and consumers. Co-Chairs: Saundra M. Gumerove and their rights to equal treatment. Kestenbaum Chair: Leonard M. Rosenberg Vice Chairs: Dana L. Grossblatt and Suanne Linder Chiacchiaro Chair: Jessica C. Moller Vice Chair: Anthony Michael Sabino Vice Chair: Colleen C. McMahon Vice Chair: Sherwin Figueroa Safir Diane T. Clarke MUNICIPAL LAW BY-LAWS IMMIGRATION LAW Reviews trends and developments concerning WORKERS’ COMPENSATION DEFENDANT’S PERSONAL INJURY Periodically reviews and suggests appropri- Discusses problem areas in immigration zoning and planning, elections, employee rela- Discusses current legislation related to ate changes in the current by-laws of NCBA, Discusses new developments and changes law. tions, open meetings law, and preparation and Workers’ Compensation regulations and NCBA Fund, Assigned Counsel Defender in the law that affect defendants’ lawyers Chair: George A. Terezakis enforcement of ordinances and local laws. benefits. Plan and Academy of Law. and their clients. Vice Chairs: Lorena E. Alfaro and Co-Chairs: John C. Farrell and Chris J. Chair: Adam L. Rosen Chair: Daniel W. Russo Chair: Matthew A. Lampert Alex Noel Ortiz Castro Coschignano Vice Chair: Brian P. O’Keefe Nassau Lawyer September 2020 19 New NCBA Social Justice Book Club Tackles Race, Discrimination and Inequality that I had a deeper understanding of the profound sensitive issues of race and inequality: the book, the meeting helped develop ideas and issues it raises. I am looking forward to the next • Approach the conversation with respect strategies to promote awareness about the racial meeting.” said Gail Jacobs, former Dean of the • Examine your motivation inequality that exists in Nassau County and about Academy of Law at NCBA. • Set aside the need to be right and the need what the Bar can do to address and remedy it." Among numerous suggestions and innovative to win said NCBA Member Oscar Michelen. ideas shared during the initial meeting of the • Embrace the discomfort of not knowing The first Book Club meeting can be consid- • Consider committing to change Task Force, Judge Maxine S. Broderick, Chair of ered a success in terms of participation and depth the NCBA Diversity and Inclusion Committee, • Be authentic of conversation. proposed that NCBA establish a Social Justice • Maintain privacy Book Club. The Book Club, which would meet • Allow the moderators to moderate New members are welcome to join the Book bi-monthly, would discuss and explore book selec- In following these guidelines, Book Club Club and suggest works of fiction or non-fiction for future discussion. The selection of texts, which In response to the reprehensible acts of hatred tions with the objective of informing members members were able to approach these difficult is carried out by committee, are not endorsements and civil unrest that has devastated our nation, on issues of diversity, injustices, and disparities topics with empathy and respect, while learning NCBA President Dorian R. Glover held the first present in our nation. from one another. Discussion moderator, Hofstra of the views and perspectives expounded by the virtual meeting of the newly formed NCBA Equal On July 29, 2020, the Book Club held its first Law Professor Jennifer Gundlach, insured that authors nor does the Book Club seek to advance Justice Task Force on Friday, June 5, 2020 to meeting virtually and welcomed 30 NCBA mem- no opinion was dismissed or disregarded, and any political or social agenda. One of the primary discuss how the NCBA would respond to the bers to discuss the 2015 National Book Award Book Club members were encouraged to confront goals of the Book Club is to be intentionally inclu- inequalities and injustices facing our local com- winner Between the World and Me by Ta-Nehisi unsettling material without limitation. Questions sive. Book Club organizers are mindful that our munities, country and world. Coates, an American author and journalist. The specific to the book selection were disseminated members do not all share the same experiences and “The Social Justice Book Club’s discussion of book is a work of non-fiction that delves into prior to the meeting and were utilized as a starting opinions and therefore welcome all perspectives to point for dialogue. the Coates’ book was unparalleled in terms of the the realities associated with being a person of create a robust, though respectful, dialogue. preparation by the organizers, the deft leadership color in the United States. Participants earned "The Nassau Bar's Diversity & Inclusion by the moderator, and the thoughtful contribu- two Diversity, Inclusion and Elimination of Bias Committee is a vibrant and productive committee If you would like to join the Book Club or tions by participants. The book is a moving and CLE credits. that is enhancing members' relationships with suggest a book, contact NCBA Diversity & challenging read; I left the meeting feel- i n g Prior to the discussion, the Diversity & Inclusion the Bar Association and strengthening the Bar's Inclusion Committee Chair, Hon. Maxine S. Committee circulated guidelines for discussing ties to the community. Our first ever D & I Book Broderick at [email protected] Club discussing Between the World And Me" was or Vice Chair Rudy Carmenaty at Rudolph. so engaging and challenging for all of us partic- [email protected] for ipating. More than just a roundtable talk about more information. BUSINESS LAW, TAX AND ACCOUNTING Jennifer L. Koo/Scott L. Kestenbaum corrective action requests. This system allows NCBA Committee Wednesday, September 16 Homeowner ... Plaintiff’s attorneys to easily pinpoint responsi- Meeting Calendar 12:30 p.m Continued From Page 8 ble parties, some of whom may be contractors Sept. 2—Oct. 7, 2020 ASSOCIATION MEMBERSHIP homeowners living there would be less inclined as opposed to property owners or the City and to determine prior written notice to the City Please Note: Committee Meetings are Michael DiFalco to take on the added expense of repairing the for NCBA Members. Dates and times are Wednesday, September 16 sidewalk. While they are supposed to keep about defects. Sections 19-152 and 16-123 of subject to change. 12:45 p.m. sidewalks in safe repair, the average person the New York City Administrative Code require Check www.nassaubar.org will not see the urgency without a ticket from property owners to keep the sidewalk in good for updated information. EDUCATION LAW repair to release the City of any liability for John P. Sheahan/Rebecca Sassouni the municipality. Furthermore, homeowner’s insurance does not cover sidewalk mainte- injuries sustained on the sidewalk. However, Thursday, September 17 the City is responsible for injuries sustained 12:30 p.m. nance, just the defense of lawsuits arising from an injury sustained from a defect. In addition, on sidewalks abutting one to three family resi- REAL PROPERTY LAW WOMEN IN THE LAW given the cause-and-create exception, a home- dences according to Local Law 54 of 2003. For Alan J. Schwartz Edith Reinhardt owner might not want to expose themselves to a this reason, they require such landowners to Wednesday, September 2 Tuesday, September 22 potential lawsuit in the event that the contractor carry homeowners’ insurance to allow them to 12:30 p.m. 12:30 p.m. they hire to perform sidewalk repairs performs indemnify the city for personal injury suits. City PUBLICATIONS ACCESS TO JUSTICE negligently and causes a pedestrian to trip. sidewalk suits are consequently more viable Christopher J. DelliCarpini/Andrea M. DiGregorio Kevin P. McDonough/Rosalia Baiamonte Plaintiffs consequently have no recourse than prospective ones where the venue is on Long Island. Thursday, September 3 Wednesday, September 23 after sustaining an injury on a defective side- 12:45 p.m. 12:30 p.m. walk in these towns and villages unless they More municipalities should shift liabili- file suit against the municipality. However, ty away from local government and require COMMUNITY RELATIONS & PUBLIC INTELLECTUAL PROPERTY Long Island homeowners to carry insurance. Frederick J. Dorchak/Sara M. Dorchak suits against towns and villages are subject to EDUCATION This would afford plaintiffs a greater chance at Joshua D. Brookstein Thursday, September 24 dismissal without prior written notice to the municipality of the defect unless one or both of compensation for personal injury judgments Thursday, September 3 12:30 p.m. the same two exceptions exist: the municipality and encourage homeowners to make sidewalk 12:45 p.m. DISTRICT COURT created the sidewalk condition or derived a repairs. In the meantime, Long Island plaintiff’s Roberta D. Scoll/S. Robert Kroll MATRIMONIAL LAW special use from the sidewalk.7 personal injury attorneys should keep a list of Samuel J. Ferrara Friday, September 25 towns and villages that expressly impose liabil- 12:30 p.m Late last year Newsday reported that the Wednesday, September 9 insurance carrier for the Village of Bayville ity on abutting landowners for personal injury 5:30 p.m. MEDICAL-LEGAL advised the municipality to revise its ordinance on defective sidewalks for when deciding what cases to take. CIVIL RIGHTS Mary Anne Walling/Susan W. Darlington to explicitly shift liability for personal injury Berndatte K. Ford Tuesday, September 29 from sidewalk trip and falls from the Village to Frances Catapano is an attorney whose prac- 12:30 p.m. tice focuses on personal injury, civil rights Thursday, September 10 the owners of the land abutting the sidewalk. and complex litigation. In her spare time, she 12:30 p.m. ELDER LAW, SOCIAL SERVICES, HEALTH Their rationale was that most homeowners carry is a parent and an autism rights advocate. ADVOCACY 8 LGBTQ insurance to defend against such claims. And Katie A. Barbieri/Patricia A. Craig Charlie Arrowood/Bryon Chou indeed, escrow charges that homeowners pay 1. See Solarte v. DiPalermo, 262 A.D.2d 477 (2d Dept. Tuesday, September 29 with their monthly mortgage payments include 1999). Tuesday, September 15 6:00 p.m. homeowner’s insurance in addition to taxes. 2. See Hausser v. Giunta, 88 N.Y.2d 449, 452-53 (1996); 9:00 a.m. Bachvarov v. Lawrence Union Free Sch. Dist., 131 A.D.3d APPELLATE PRACTICE Bayville’s counsel did not publicize their 1182, 1184 (2d Dept. 2015); Maya v. Town of Hempstead, PLAINTIFF’S PERSONAL INJURY Jackie L. Gross likely intent to protect their clients from acting 127 A.D.3d 1146, 1147 (2d Dept. 2015). Ira S. Slavit 3. See Karr v. City of New York, 161 A.D.2d 449 (2d Dept. Wednesday, September 30 against their best interest in unwittingly fulfill- 1990); Muhlon v. Surf Operations Co., 255 A.D.2d 370 (2d Tuesday, September 15 12:30 p.m. ing the prior written notice requirement for 12:30 p.m. Dept. 1998); Strauss v. Tam Tam, Inc., 231 A.D.2d 564 (2d potential plaintiffs in personal injury suits. If Dept. 1996); Roe v. City of Poughkeepsie, 229 A.D.2d 568 PUBLICATIONS municipalities on Long Island fully enforce cur- LABOR & EMPLOYMENT Christopher J. DelliCarpini/Andrea M. DiGregorio (2d Dept. 1996). Matthew B. Weinick rently enacted local codes that impose a duty 4. See Obee v. Ricotta, 140 A.D.3d 1134, 1135 (2d Dept. Thursday, October 1 without liability on homeowners, they open the 2016). Tuesday, September 15 12:45 p.m. 5. See id. 12:30 p.m. town or village up to lawsuits should plaintiffs 6. See id. (quoting Maya v. Town of Hempstead, 127 A.D.3d COMMUNITY RELATIONS & PUBLIC trip and fall on the defective sidewalks in the 1146, 1147 (2d Dept. 2015)(quoting Hevia v. Smithtown ALTERNATIVE DISPUTE RESOLUTION EDUCATION time window between notice and compliance. Auto Body of Long Is., Ltd., 91 A.D.3d 822, 822–23 (2d Marilyn K. Genoa/Jess Bunshaft Joshua D. Brookstein They create a written record when they send Dept. 2012)). See also Tepeu v. Nabrizny, 129 A.D.3d 935, Tuesday, September 15 Thursday, October 1 a notice to the homeowner to correct sidewalk 936 (2d Dept. 2015); Ahdout v. Great Neck Park Dist., 124 6:00 p.m. 12:45 p.m. A.D.3d 810, 810 (2d Dept. 2015). defects. This paper trail may serve as prior writ- 7. See Weissman v. City of New York, 29 Misc.3d 1064 (Sup. DIVERSITY AND INCLUSION REAL PROPERTY LAW ten notice in these cases.9 Ct., Queens Co. 2010)(quoting Amabile v. City of Buffalo, Hon. Maxine S. Broderick Alan J. Schwartz In New York City, the Department of 93 N.Y.2d 471, 474, (1999)(citations omitted)). 8. “Bayville May Shift Liability for Sidewalks, Repairs to Tuesday, September 15 Wednesday, October 7 Transportation maintains multiple databases Property Owners,” Newsday (Dec. 15, 2019). 6:00 p.m. 12:30 p.m. of street work permits, notices of violation 9. See Weissman, supra n.5; Stone v. City of New York, 16 pertaining to sidewalk and street defects and Misc.3d 1134(A) (Sup.Ct., Kings Co. 2007). 20 September 2020 Nassau Lawyer LAWYER TO LAWYER APPELLATE COUNSEL DISABILITY INSURANCE LAW DIVORCE MEDIATION NEIL R. FINKSTON, ESQ. Shery-Anne Sastow, Esq. 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with customized financial solu branch’s operational proficiency tions. She has 25 years of banking Harrisburg-based Pennsyl family law experience. She has a vania Public Utility Commis DAIRY GODMOTHERS and mentor her financial center and financial services experience bachelor’s degree from the Col Kuhn sion named team. Most recently, she was a cor and was a financial adviser with lege of William and Mary and a of Philadelphia and Dauphin County grew by 8,997 people. Charleston, West Virginia (-1.6 percent); and 1,661 (or 52.9 percent) lost popula on one or two acres and not pelletizing. porate social responsibility super Smoker Wealth Management. - Amy S. Goldman law degree from Dickinson School Hrivnak - Pine Bluff, Arkansas. (-1.5 percent); PHOTO/THOMAS A. BARSTOW “The vast majority of local hops are visor and head teller II with First She has bachelor’s and master’s of Law. tion. Though there has been more growth - members of of the Cumberland Pennsylvania County - Farmington, New Mexico (-1.5 percent); Specialty cheese biz taps into local dairies National Bank. She has a bach degrees from Ashford University. - What’s happening nationally? than decline overall, the numbers indicate brewed in late summer or early fall for FOOD BUSINESS Telecommunications Relay SerMatthew wet-hop beers,” he said. “That has been elor’s degree from York College. - Laura J. Melfi The census data confirmed that coun- Danville, Illinois (-1.2 percent); and vice Advisory Board. Goldman Susquehanna Township-based that this can easily shift year over year. By Stacy Wescoe Hills Farm in Chester County. the big limitation.” - vice president and cash manage Mette Evans & Woodside named ties with the largest numeric growth are Watertown-Fort Drum, New York (-1.2 “We’ve recently advanced Krieger was named senior has been a public member of the A deeper dive into the census data - BridgeTower Media The Millworks and other breweries said ment officer with Mid Penn’s First Matthew D. Co our operator training and Jones pitched the idea of using the CSA Lower Allen Township-based board. She is a speech-language located in the south and the west. In percent). The population decreases were Lancaster-based RGS Associ Members 1st Federal Credit - Priority Bank division. She will be ble reveals several demographic changes certification program and format to develop a new way of selling craft they would like to buy more local hops ates named pathologist, has conducted - a sharehold fact, Texas claimed four out of the top primarily due to negative net domestic Fauth Union named based in Chester County and con er. He represents - impacting commercial real estate develop Stefanie Angstadt started making cheese cheese to cheese fans. That led Jones, Ang- Craft-beer boom spurs local hops farmersyear round, especially pelletized hops, to ect landscape architect. He has trainings on the importance of are currently engaged with insurance com 10 spots. Looking at population growth migration. a pilot program assessing Jake Krieger Alma Jimenez tribute to deposit growth through - - ment: household formations, aging baby - efficienciesas a hobby for the soon use afterof graduating from col- stadt and Miller in 2016 to create the Collec- support farmers. a bachelor’s degree from Temple telecommunications for those “I think brewers absolutely want to use branch manager business development activities. panies, fraternal by metropolitan area, Dallas-Fort North Dakota was home to the fastest- lege in 2008. tive Creamery CSA, based out of Angstadt’s University. - with disabilities and has been boomers, growing millennials, women drones for 3D modeling of By Jason Scott proj of the location She will also generate fee income benefit societies, - Worth-Arlington, Texas had the largest growing county. Among counties with a [email protected] it,” Musselman said, noting the differencesnamed a computer aided drafting - involved with the administra After a few years she knew it was some- Oley creamery, with Jones as the operations Matthew Fauth inside the Gi through cash management prod - insurance pro Mike in the workforce and migration toward Flahive said. The company now does work in smell and taste between East and Westand design designer. He also is a tion of Pennsylvania’s telecom numeric growth, with a gain of 131,767 population of 20,000 or more, Williams thing she wanted to do full time. manager and Angstadt and Miller as the two ant Foods store ucts and services, and expand and ducers and third- Kushner the South. Today’s demographic changes for a number of different clients, including Pennsylvania leads the nation in craft- - Coast hops. sergeant in the National Guard. He munications device distribution people, or 1.8 percent in 2018. Second County, North Dakota, claimed the top construction companies, utilities and gov She opened Valley Milkhouse in a former primary cheese makers. on East Market - retain customer relationships. She party administra - - was present challenges for commercial real The opportunities for creating new jobs But Musselman said he expectshas local an associate degree from York program. Hrivnak will represent ernment agencies. dairy farm in Oley in 2014 and began to “We thought between the three of us, we beer production. Street, York. She has 43 years of financial services tors in insurance regulatory, trans was Phoenix-Mesa-Scottsdale, Arizona, spot as the fastest-growing by percent- But while more beer is being brewed in hops would cost more than thoseTechnical from Institute. experience. the PUC’s Bureau of Consum - estate developers, but they also offer lu and businesses are vast, said Albert R. manufacture and sell her cheeses profes- could pool our resources and move beyond was a branch - actional andnoting litigation- is matters.thatCoble the counties have main- which had an increase of 96,268 people, age. This county’s population rose by 5.9 Sarvis, an assistant professor of geospatial er Services on the board. He - crative opportunities to firms creatively places like Carlisle, Harrisburg and York, larger West Coast suppliers, given the manager for PNC Bank. tained the same order of ranking based technology at Harrisburg University of Sci sionally. farmers markets,” Angstadt said. is manager of compliance and or 2.0 percent. The cause of growth in percent between 2017 and 2018 (from ence and Technology. HU has adapted its brewers here must rely on some key in lower hop volumes at local farms.Upper Nev Dublin Township, Mont Jimenez CONSTRUCTION MARKETING adapting to new demands. Not a dairy farmer, herself, she partnered According to Jones, the trio didn’t invent competition in the bureau’s pol upon population for eight-plus years. For these areas is migration, both domestic 33,395 to 35,350 people). The rapid geospatial programs to include the use of gredients that often travel long distances. - ertheless, he said he wouldgomery still buy County-based local McMahon - • drones and has sponsored summer camps with other small Berks County dairies to buy the idea of a cheese-based CSA. But, she Manheim Township-based Lancaster-based Wohlsen Lancaster-based Godfrey - One is hops, which are not widely Associates Inc. named icy division. - example, in 2010 the counties in order of and international, as well as natural growth Williams County experienced was for students in high school and middle hops for special PA Preferred brews, i.e., Ambassador Advisors LLC named Construction Co. named named Mike Kushner is the owner of Omni Realty school to encourage interest in the technol fresh warm milk “straight from the udder.” said, “A cheese CSA is still pretty unique.” pher K. Bauer smallest population to largest were Cum- increase. In Dallas, it was natural in- due mainly to net domestic migration of - grown in Pennsylvania, or on the East - beers made with Pennsylvania-produced Christopher R. Maza ciate creativeLuke director. Weidner He will Group, a real estate firm in Harrisburg. He can ogy, SarvisOthers said. pointed out that drones have been Her cheeses — mostly a mix of softer and Jones said it also makes sense. general manager of the Camp Hill - project Coast in general. agricultural commodities, like hops or Coolidge manager and es Harrisburg-based State Civil oversee message unificationberland, andDauphin, York and Lancaster. crease that served as the largest source 1,471 people in 2018. The county also ex- be reached through www.omnirealtygroup. office. He has morean associate.than 20 years He is Service Commission named - used in the film and television industries, as aged styles — were a hit. “You can get subscriptions for anything In fact, most hops come from Washing Christo investment of timator. He was an asso David Heath, director of the PA Drone Association, prepares to make remarks at Drone Advocacy Day June 11 in Harrisburg. Heath and other grain. Manuel brand consisten This is the same ranking we see in 2018, of population growth. For Phoenix it was perienced growth between 2017 and 2018 com� well as in surveying rail lines and in police of project management and trans chief resa Osborne supporters hope to encourage state leaders to support the growing drone industry. “We make everything by hand. It’s very today — dog products, beauty products — Victor Shaffer and Andrew Lyons start - ficer. He leads project engineer. Garden City and emergency applications, such as river - cy and align cre - ton, Oregon and Idaho, which account for portation engineering experience County a commissioner. She was training and certification program and are rescues. One story told during the June 11 good cheese so there is a demand,” Angstadt why not cheese?” she said. the wealth man - He has a bache ative resources - - the majority of the country’s hop produc ed growing an acre of hops outside of of Lackawanna currently engaged with a pilot program as event was how cattle had ruined a portion of - and has helped municipalities agement depart lor’s degree from secretary of the Pennsylvania De a farmer’s crops. A drone was able to assess said. Mechanicsburg last year. Their company, Te with project and - sessing efficiencies for the use of drones for - tion. Washington alone has about 40,000 partment of Aging. - the total damage, which helped justify the ders recently purchased equipment that through their responsibilities as ment and works - Millersville Uni - 3D modeling of stockpiles, excavations and In fact, demand often outpaced her sup- A profitable boost From left, Sue Miller, Stefanie Angstadt and Alex Jones brought together their collective acres of hops. Mike and Sharon Reifsnyder stand in the hop yard of their West Pennsboro Township called Lion Bines Hop Farm, is expected to account needs to roadway slide areas,” she said in a written insuranceThen claim. there are the spin-off businesses. will allow them to pelletize dried hops local project sponsors on state - PHOTO/MARKELL DELOATCH with various oth - versity. ensure efficien response to questions. ply. Nonetheless, she struggled with the lo- The Collective Creamery is now heading talents to form the Collective Creamery CSA in 2016. PHOTO/SUBMITTED Two Cumberland County hop farmers farm. They began growing the crop in 2017 in a bid to make locally grown hops more produce a partial harvest of hops this year GUEST VIEW - — meaning to grind them into powder and federally funded projects. He HEALTH CARE Ryan Boswell is the Philadelphia-based - er departments. - cy. Most recent - gistics of getting the cheese she was making into its third year. And while it is still just available. and a full harvest next year. FlyingSeveral into new attendees roles at the June 11 event sales manager for PhaseOne Industrial, DRONE are hoping to claim a piece of that market - also serves municipalities’ day- - continued from page and press them into small pellets. Pellet He is a chartered financial- analyst York-based Wagman Construc East Pennsboro Township- ly, he was the - a camera company to based the in people Colorado. who wanted it. a small part of each of the cheesemakers’ Brewing Co. in Douglasville and Covered and inspire other Pennsylvania farmers to to-day traffic consulting needs. PhaseOne cameras can be outfitted on will offer $82.1 billion in economic benefits “You can get subscriptions But Reifsnyder, who retired in 2011 ized hops have a longer shelf life and are charterholder. tion Inc. named Maza based Geisinger Holy Spirit day passes, Pennsylvania seems to be falling said they think state leaders will be sup andcreate 100,000 new jobs in the United Coolidge design manager - - various drones toWhile do a variety around of work for States80 alone percent by 2025. The association’sAccording goalof tothe association, the drones cheese business, it is an important one. Bridge Farmstand in Oley — and at one consider cultivating the crop for breweries He is a professional engineer and further behind in developing a domestic portive of ideas to expand drone programs is to encourage state leaders to support what many brewers rely on throughout tor of business development for named governments, quarry operatorsthe development and of a drone utility industry – or from the U.S. Navy after 22 years of service, for Artisanal Brewing Ventures. both within state agencies and with com unmanned aircraft systems, as they are for anything today — dog Retirement plans should be piece of M&A puzzle For now, the association isn’t asking - she makesmore formally known is – because sold other states wholesale to markets and By eliminating the middleman, the chee- location in the Lehigh Valley — Bonn Place in Pennsylvania. professional traffic operations Maryland. He will Joe Corson of GeisingerDr. Ho Ming Jang companies,already areamong doing so. others, Boswell said. the year. Weidner mercial applications once they understand “It’s a niche thing. Not too many peo took a chance on hops after experiment Manheim Township-based Weidner has a bachelor’s degree the potential.Tasks such as bridge inspections or aerial million to pay for a 50-mile unmanned air semakers get more of the profit. Brewing Co. in Bethlehem. Other pickup The farm’s hop yard could yield about engineer. expand the firm’s ly Spirit Primary 2018 was a banner year for mergers So, if you’re planning a merger or acqui- restriction before being able to join the includes confirming past operational and Pennsylvania’s leaders for much – except corridorbetween Syracuse and Rome, the products, beauty products RKL Wealth Management LLC - For example, New York is putting up $30 direc from Penn State. association said. Other states have become ing with grapes and asparagus on his to be aware of what is going on and to offer federal test sites for the drone industry, a member - while others have been joining regional Angstadt said her profit margin is gener- locations are in the Chester County and ple do it,” said Michael Reifsnyder, who - participation in - Care. He will see - and acquisitions. Global M&A activity was sition, consider the retirement plans now buyer’s 401(k) plan, losing out on a full procedural compliance, making sure all surveys that once took weeks to conduct 5,000 or 6,000 pounds of hops this year. named support as ideas develop, several people partnerships to develop initiatives. As each Carlisle-area farm, dubbed GEMS Farm. day passes, Pennsylvania seems to be falling — why not cheese?” oppor tunities adult patients said. One goal is to create a working group can now be done in a day or so, Day said. further behind in developing a domestic ally about 15 percent to 20 percent on the Philadelphia areas. planted 3,400 hop plants on his 15-acre - GEMS expects to pelletize the majority Swatara Township-based Skelly senior wealth William M. Onorato the second highest on record, with deals to avoid a headache later on. year of tax-efficient savings and employer plan documents are up-to-date, and con Office Space drone industry, observers said. NONPROFITS within the state aviation caucus – a legis Farmers, utilities and others have seen how 1 He also saw success at nearby hop yard and Loy named Pennsylvania’s leaders for much – except West Pennsboro Township property in strategist. He will and enhance and specialize drones can reduce the costs of projectsto and be aware of what is going on and to offer roughly $150,000 in gross sales she has in a By having a wider client base, the chee- of its hops this year after selling almost totaling $2.72 trillion. Looking ahead, 76 If the transaction is a stock acquisi- contributions. firming general compatibility between the lative group – to develop a roadmap that For now, the association isn’t asking - support as ideas develop, several people — Alex Jones, Collective Creamery CSA Sunny Brae Farms and thought his farm marketing spe Philadelphia-based Pennsyl inspections. They also havesaid. One goalweighed is to create a working the group li 2017. - advise high-net- client relation in geriatric care. would “identify funding opportunities to within the state aviation caucus – a legis year. That makes it a challenge to maintain semakers also are able to offer more variety. all of its harvest last fall to local breweries percent of top executives at U.S. compa- tion – where the buyer takes full owner- The main advantages of termination plans. Examples include reviewing non lative group – to develop a roadmap that go premium vanians for Modern Courts named ability risks and realized they are better off support critical drone infrastructure,” the would “identify funding opportunities to A big reason for the lack of new hop farm could provide complementary varieties of cialist. She will be LeShelle Smith worth families a ships throughout He was a clinical support critical drone infrastructure,” Governments, the however, seem to have a The association isn’t asking for new regu association said in ausing fact sheet. drones. a capital-intensive operation. Anywhere Angstadt and Miller rotate between six But they are on the lookout for more pickup making wet-hopped beers — also known retired nies expect to close more ship of the selling company – the buyer are that employees can be integrated into discrimination testing results from recent association said in a fact sheet. fresh local hops to small breweries. responsible for - Maryland. He has - assistant profes lations, pointing out that drones are regulat ers is difficulty in getting started and com - on multigenera ed by the Federal Aviation Administration, Lawrence F. The association isn’t asking for new regu she can improve the profit margin is a boost. varieties of cheese, including Angstadt’s locations along their current route and for He and his wife, Sharon, along with as fresh-hop beers that use hops fresh off deals this year than last, then assumes all of the seller’s liabilities, the buyer’s plan with one benefit structure years, the seller’s fiduciary oversight prac lations, pointing out that drones are regulat orFAA, which controls U.S. airspaces and higher hurdle to overcome when liability graphics coordi 30 years of con sor of medicine Judge already requires commercial drone opera peting with larger established operations. tional planning, ed by the Federal Aviation Administration, tors to get a license. concernsSeveral are raised, experts Day noted said. the concerns can Profits on the CSA vary from month to Witchgrass, her version of a French Valen- pockets of cheese lovers who may want to the vine. nation, including Stengel - and a majority predict including its retirement plan. The buyer for all; there is only one plan to maintain; tices, administrative operations such as for action on the state level. In October “These local houses are up against com their two teenage daughters, maintain legacy planning, - struction industry experience. He in the division of geriatric- medi or FAA, which controls U.S. airspaces and 2018, Pennsylvania lawmakers passed Act Wet-hop batches of beer can use five Butthat doesn’t mean there is no room member.He a board is 78, which limits the ability of municipali be eased once the options are carefully month, but she said they tend to average at cay cheese, and Miller’s Clipper, an aged get in on their offerings. Corson already requires commercial droneties opera to regulate unmanned aircraft unless the hop yard, which is entering its second preparation of - business succes has a bachelor’s degree- from the cine at the University of PennsylJang these deals will be larger, has three options for how to handle the and the risk of any liability transfer into distributions, payroll and loan processes, authorized by the statute. panies that can reach a better economy tors to Butget athat license. doesn’t mean there is no room weighed. For example, the risks to survey a to 10 times as many hops as pelletized a shareholder ordinances that can interfere with commer the higher end of her overall profits. raw-milk cheese. They also reach out to “We have to be lean and use the resources brochures, charts sion and estate University of Baltimore. vania’s Perelman School of Medi according to a report acquired company’s retirement plan. It the buyer’s existing plan is avoided. The and fulfillment of government reporting cial operators, said David Day, executive utility line traditionally would involve work year of harvest. GEMS currently grows five vice president at Keystone Aerial Surveys Local jurisdictions often move to pass of scale, plus have quality control proce batches. with Manheim basedin Philadelphia. That makes educa ers using ladder trucks to examine high- The current CSA package from the Col- other cheesemakers in other regions, hop- we have,” Jones said. and exhibit ma cine. He has a medical degree tion critical, he added. for action on the state level. In October varieties of hops on 3.25 acres, but the plan planning. He has 25- years of es downside is that the employee accounts requirements. dures and logistics plans that have been Local brewers say they are eager to buy Township-based from Axios. These compa- can either maintain its own plan and the 2018, Pennsylvania lawmakers passed Act ing to include their specialty craft cheeses One secondary benefit to the women’s is to eventually grow to seven acres, plant terials. She will tate planning and wealth strategy EDUCATION from Drexel University College 78, which limits the ability of municipali in place for decades,” said Brandalynn more local ingredients, including hops, ties to regulate unmanned aircraft unless a wider variety of hops and reach more authorizedLocal by jurisdictions the statute. often move to pass Armstrong, co-owner of Zeroday Brewing in Harrisburg. “It makes it harder for the ordinances that can interfere with commer “Expansion is on our radar,” he said. cial operators, said David Day, executive vice president at Keystone Aerial Surveys

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year. It is my hope that the House Republican Caucus, along with the Pennsylvania Medical ters than they do at general hospitals. Medic Society and other medical-service advocates, aid [email protected] face 50 percent lower costs and tion andThis innovation ASC tax wouldin health be acare. blow By to tyingcompeti will prove once more that this tax would be patients with commercial insurance plans the invisible hand of the free market in health detrimental to Pennsylvania surgery patients. pay as low as 25 percent the costs of a hospi care with burdensome taxes, we get less ees. Those who are engaged at work will go the extra mile and demonstrate increased able toFirst, afford this state-of-the-art tax would cause equipment. ASCs to be un In addition to saving patients money, these productivity, which shows up in a compa with large amounts of information.Such equipment People allows them to have higher practitioners also save Medicare $2.3 billion cost theAnother state Medicaid tax on these system, ASCs it would may even not only GUEST VIEW • Talk about the rewards – not only for a year on just the 120 most-common proce ny’s profitability, turnover numbers, safety their personal lives, but rewards of the digest details in small chunks,productivity so consider and healthier patients, but under dures that Medicare patients receive, accord incidents and quality. program. What’s in it for them can be a an ongoing campaign to share bits and ingAlready to UC Berkeley. a Print &House DigitalI andurge Senate my colleagues to vote against in the Pennsylvania this proposal Subscriber? Call to upgrade - NOW! powerful motivator to expand participa Communication is key for an employee pieces of information, or a web page to and I urge Gov. Wolf to visit an ASC like West health and wellness program and for a tion. That participation, in turn, can build view the full information when employees in 2015,UC Pennsylvania Berkeley noted ASCs in a saved recent Medicare study that Shore Endoscopy in Cumberland County to TO THE EDITOR business overall. Looking to a professional a team atmosphere and lead to higher are interested and have time. $32.6 million on cataract procedures, $1.3 learn about the progress that is being made by restriction before being able to join the includes confirming past operational and In 2016, as fate would have it, an old once-a-month pickup of two pounds and in the CSAcommunicator to give customers for ideas more and bestoptions. practices engagement. million on upper GI procedures and $6.9 mil these entrepreneurial physicians and nurses. - If there’s one constant in health direct loans to businesses, with volume rising The investments typically will flow through 2018 was a banner year for mergers So, if you’re planning a merger or acqui- • Have a sense of humor when commu - care, it’s change. UPMC’s invest friend of Angstadt’s, Alex Jones, a prominent four varieties of cheese for four months For example,will help streamline Miller is communications currently work sur - nicating. Loosening up a formal approach lion on cystoscopy procedures. ment in southcentral Pennsylvania from about $10 million to $30 million in the and acquisitions. Global M&A activity was sition, consider the retirement plans now buyer’s 401(k) plan, losing out on a full procedural compliance, making sure all what are known as qualified opportunity funds. • Consider health and wellness ambas my district,As I meet such with as those physicians at West and Shore patients En in organizer of commu- to $280 for a twice- ing withrounding a sheep such farmera program to andblend lead sheepto more sadors. Peer-to-peer communication is can go a long way to creating engagement has brought positive change to past three years. the second highest on record, with deals to avoid a headache later on. year of tax-efficient savings and employer plan documents are up-to-date, and con- 1,300 - 4,000 SF AVAILABLE NOW were toIf thebe enacted, Wolf administration’s the Pennsylvania tax proposal Am - doscopy, I have been amazed at the benefits Community First has been working to develop engaged, healthier employees. powerful and partnering with passionate with the communication and getting on a hands-on workshop for growing veg our region, including new, highly The nonprofit also has opened new loan offic nity-supported agri- monthly pickup and cow milk together to make a creamy - bulatory Surgery Association, along with a of their innovative approach. totaling $2.72 trillion. Looking ahead, 76 If the transaction is a stock acquisi- contributions. firming general compatibility between the team members to communicate can re - board with the program. , Suzanne Fischer-Huettner such funds, which could work in combination federal allocation, the organization’s eighth. - What can you do? etables or herbs. At GRIT, team memberscoalition of state medical societies, warn that specialized services, thousands of percent of top executives at U.S. compa- tion – where the buyer takes full owner- The main advantages of termination plans. Examples include reviewing non- culture programs in of one-and-a-half Camembert-style cheese. move the paternalistic factor. es in Allentown and Philadelphia where it would • Make it a two-way conversation. Ask in the wellness program are walkingup to 25 miles percent of these centers may need only minorWe all if can it happens relate to to the someone phrase, else.”“Surgery is new providers and leading-edge with other state and federal incentives. The previous seven allocations have helped the Greater Philadel- pounds and three Ultimately, their goal is to turn cheese employees what program components like to add more people to expand lending. Among the most notable of those is the nies expect to close more ship of the selling company – the buyer are that employees can be integrated into discrimination testing results from recent • Connect the dots for employees to the (via a step tracker) to earn a freeto closeairplane – pushing thousands of patients into - technology to treat the most fund 38 developments in the state, including phia area, had just varieties of cheese lovers into die-hard cheese fans. bigger corporate picture. Participation in they’d like to see. Find out what might mo costly general hospitals and forcing centers to Nobody wants to be told they need surgery “We expect to go deeper into markets we are - deals this year than last, then assumes all of the seller’s liabilities, the buyer’s plan with one benefit structure years, the seller’s fiduciary oversight prac- - ticket to anywhere in the world. The more - and they especially do not want an unpleas advanced diseases.Copyright However, 2019 byeven BridgeTower Media. All rights reserved. the Hamilton Health Center in Harrisburg, - wellness programs has the potential to de - tivate them to participate. Ask for ideas on withdraw from Medicaid. ant surgery experience. left a job with a CSA. for four months. “We want to cultivate the cheese culture creative and out-of-the-box the program, positive change canVolume cause 35, confu Number 23. Reproduction or use, without permission, in,” Betancourt said. and a majority predict including its retirement plan. The buyer for all; there is only one plan to maintain; tices, administrative operations such as crease company health benefit costs over communicating the details to staff. - - Lancaster’s Keppel Building and the renova In a typical CSA, CSA packages gen- in this area like it is in Europe. We don’t want when paired with easy ways to participate, sion. I’d like to take a momentof editorial to or graphic content in any manner, including electronic But depth, he said, requires a bigger team. these deals will be larger, has three options for how to handle the and the risk of any liability transfer into distributions, payroll and loan processes, vaniansThanks have beento ASCs, given thousands a convenient of Pennsyl and year — likely mixed-use, commercial and tion of Gettysburg’s Schmucker Hall. all, which in turn could make a difference the more people will want to take part. clarify a question involvingreproduction, health is prohibited. For licensing, reprints, e-prints and a group of farmers erally run from five people to see cheese as a guilty pleasure, but - • Use social channels to help spread quality outpatient experience with positive - community service projects — with a focus on In the meantime, officials are narrowing according to a report acquired company’s retirement plan. It the buyer’s existing plan is avoided. The and fulfillment of government reporting in employees’ premium or out-of-pocket the word. Whether its an internal social insurance plans accepted at UPMCplaques, email [email protected]. Authorization to - That starts at the executive level. • Stay diverse with your communica outcomes and speedy recovery in the comfort - connect with a group to six months. The as a food you eat every day,” Angstadt said. health care costs. tool such as Slack or Yammer or a closed - photocopy articles for internal corporate or instructional use may - In addition to adding new execs, the non those that exceed $5 million. down mixed-use and commercial projects from Axios. These compa- can either maintain its own plan and the downside is that the employee accounts requirements. tions focus. If there is a large subset of of their own homes. A double tax on these Pinnacle. of consumers who current package is “This is a way to grow the cheese community. group on Facebook or LinkedIn, encour be obtained from the Copyright Clearance Center at 978-750-8400. - Developers often have to spend more nies, and others around seller’s plan separately, terminate the become immediately accessible. So, if not Many companies partner with an out- Owner Occupied, Convenient Parking, staff who bike to work, that’s great, but if centers would not only be devastating to the - CENTRAL PENN BUSINESS JOURNAL (ISSN1058-3599) is pub across the state that could receive the tax - want to buy fresh, shortened since the “People don’t see fine cheese as a neces- premium for the milk,” she said. age employees to share pictures of their - that’s all communications are about, the many hardworking physicians in our com outpatientUPMC clinics Pinnacle continue hospitals to and lished weekly except for the first week of July, the last full week of money to buy and fix up vacant and blighted credits. Part of that selection process could the globe, turn to M&A seller’s plan, or merge the seller’s plan rolled over into an IRA or other retirement side consultant to conduct a thorough - healthy choices and/or program partici company risks losing support from other monwealth but their patients as well. local produce. They current CSA season sity,” added Jones. “When they go to the gro- Her sources include Spring Creek Farm in accept most major insurance November and the last full week of December by BridgeTower Me properties than they can expect to get back include working with Lancaster-based deals- to increase market John into its own plan. plan, employees could squander retire- benefit plan review and help determine - pation. Build a little competition between Tax credit plan sell shares of their fu- has already begun. cery store they feel they have to get produce Wernersville, an organic dairy farm. parts of the employee base. The same goes plans, including Aetna, Capital Blue dia, 1500 Paxton St., Harrisburg, PA 17104-2633. The periodical post - in rental rates once construction is complet company segments and offer content our commonwealth,For the sake of theI hope health my andcolleagues wellness in of - After being shut out in the last fund - Community First Fund, which did not receiveshare and improve their Jeffrey If the buyer decides to maintain both ment assets and face penalty taxes for the best option. When experts are engaged for any topic: if it’s strictly about one thing, Cross, Highmark and UPMC Health age is paid at Harrisburg, PA and at additional mailing offices. POST - ture crop to the con- Customers pick and bread … we want them to think of fine Greg Stricker, a partner in Spring Creek,meant to engage the group – ask ques - Harrisburg listen to our physicians and their MASTER: Electronic ACS Service requested. Send address changes ed. The New Markets program takes private tax credits this year but has its own backlogbusiness models. plans, the newly acquired employees can early distribution. from the start, they can help ensure the the business might lose the interest of its Plan for all services. Changes in the ing round in 2017, Central Pennsylvania will sumers, who then Honey-Bell is a brie-style cheese made by up their orders at cheese like that, not as a luxury.” said he pays special attention to the milktions, he post a quiz or host a ‘meet this goal’ patients and reject this tax. - to: Subscription Services, PO Box 1051, Williamsport PA 17703-9940 equity from investors, usually banks, and of projects. Throughout the M&A either be offered the same benefits they The final option – merging the seller’s transition is smooth and employees have whole audience. relationship between Highmark Central Penn Business Journal cannot be responsible for the challenge. - receive a share of 2018 tax credits under a The two midstate nonprofits have part - pick up weekly or Stefanie Angstadt in her Oley creamery. participating loca- Miller sees the craft cheese industry produces for Angstadt. - State Rep. Greg Rothman (R) represents the 87th turns that money into gap financing to help process, executives are hyper-focused had previously, or a new formula for their and buyer’s plans – requires that both a clear understanding of the benefits with Internal communications centered around and UPMC in the greater return of unsolicited material with or without the inclusion of a new round of funding from a federal program PHOTO/SUBMITTED House District, which is in Cumberland County. developers offset some of the construction monthly boxes of the tions. Most are busi- growing in much the same way the craft beer “I always try to make the highest-quality health and wellness can make or break pro Pittsburgh and Erie areas will not stamped, self-addressed return envelope. Information in this publi nered on tax-credit projects in the past,on company synergies and big-picture employer benefits. Maintaining both plans plans be the same type and have a similar their new employer. - designed to support large urban redevelop farmers’ latest crops, nesses that focus on industry has developed and grown, with milk, but we try to concentrate on making a gram participation. Get together with HR, affect the relationship between cation is gathered from sources considered to be reliable, but the ac costs and keep rents in line with what a local including the redevelopment of the former ment projects: the New Markets Tax Credit. goals. As a result, one very important fac- can provide employees continuity of ben- plan design. This option can be efficient An organization’s retirement plan Heated Sidewalks, Immaculately Maintained! sharing both the risk and the rewards of the local craft foods and products like farm those in the industry working cooperatively milk that is higher in protein and butter fat leadership and a few employees to brain UPMC Pinnacle and Highmark. curacy and completeness of the information cannot be guaranteed. real estate market can support. Bulova building in Lancaster. Commonwealth The U.S. Treasury Department last month tor often goes overlooked – the employer’s efits with no impact to the buyer’s retire- and cost-effective – one benefit structure, should be a consideration from the early storm the best ways to get the message out. No information expressed herein constitutes a solicitation for the The investors receive tax credits in return, farmers’ season and giving those farmers a stands or craft brewers, which support “buy instead of competitively to boost the entire to make her cheeses,” Stricker said. - Cornerstone poured $10 million in taxretirement cred plans. There are many details ment plan. However, operating multiple one plan to operate – and it also avoids the stages of an M&A. Though the evaluation • - to careWe for lookall of forward our patients to continuing in awarded $55 million in tax credits to the more reliable source of income. local” efforts. industry by sharing tips and efforts. Stricker said the extra money a cheese- Julie Lando is the owner and president of GRIT which count against their federal income its into the project, while Community First Pennsylvania Housing Finance Agency’s - to consider when acquiring a company. plans can be burdensome and expensive, negatives of plan termination. process can be lengthy, it’s better to an- “My job was to buy products from dozens Having a variety of pickup locations in “It’s the whole ‘a rising tide raises all maker like Angstadt is willing to pay repre- Marketing Group, a marketing and communica 2019 and beyond. To learn more taxes. added another $8 million. about full, in-network access to Commonwealth Cornerstone Group, based in Investors can receive credits totaling 39 Folmer said project announcementsUnderstanding could the seller’s retirement plan and nondiscrimination testing is needed if The risk associated with merging are the ticipate issues that could arise, instead of the region helps the Collective’s members ships’ kind of thing,” she said. “We all benefit sents a needed boost for small farms like his. tions firm with offices in York and Lancaster. - of local farmers,” Jones said. UPMC doctors and hospitals, call and how it will fit within the current ben- employees are receiving different benefit unknown factors of the seller’s plan. Has it realizing them in the midst of the merger • Harrisburg. percent of their investment. They can use the come this fall. She was looking to take her CSA skills spread their cheese sales farther than they from a stronger cheese industry.” “It’s a huge benefit to us when a local our toll-free help line at 1-833- - Commonwealth Cornerstone’s executive - credits over seven years as such: 5 percent efit structure is vital to success. packages. always operated in compliance with all the when it might be too late. and use them in a new way. She thought of could on their own. Jones said the trio is focused on being a business like that uses our product,” he said. 879-5013 or visit UPMC.com/ - director Charlotte Folmer said the funding per year for the first three years and 6 per If retirement plans are not considered If the buyer is going to terminate the complex rules associated with retirement • Angstadt and another cheesemaker she had Subscriptions can be picked up in two regional leader in the craft cheese industry. “It’s essential to find someone making a Choice2019. will help the nonprofit tackle a hefty pipeline- cent for the next four years. upfront, executives may learn that the ac- seller’s plan, this decision should be made plans? If not, the buyer’s plan would be at John Jeffrey is a consulting actuary, specializing < met in her old job: Sue Miller of Birchrun Berks County locations — Hidden River They aren’t planning any major expansion. higher-end product to compete.” of projects seeking funding. Folmer said it will be several weeks until quired company has an underfunded pen- and the process initiated before the com- risk. in retirement plan consulting and post-employ- - www.libn.com “We have over 40 projects requesting Philip W. Guarneschelli, The Central Penn Business Journal will cor Commonwealth Cornerstone receives its sion plan – which can be a deal breaker panies merge. If the acquired company’s Before deciding how to handle the sell- ment health care benefits, for Conrad Siegel, President and CEO rect or clarify mistakes made in the publica over $700 million,” she said, noting that the – or that the seller’s 401(k) plan does not 401(k) is terminated after the transaction, er’s retirement plan, the buyer will need which is based in Susquehanna Township, CALL BOB DELAVALE (516) 741-7400 ext. 230 UPMC Pinnacle tion. If you have a question, please call the requests come from across the common meet compliance standards. the seller’s employees will face a one-year to perform exhaustive due diligence. This Dauphin County. wealth. Folmer said she hopes the tax credits will be able to support about seven projects this