On January 4, 2022, the New York Court of Appeals heard oral argument in the case of Hunters For Deer, Inc. v Town of Smithtown, where conflicting provisions of a Town of Smithtown firearm ordinance and the Environmental Conservation Law
In April 2019, this blog discussed Committee for Environmentally Sound Development v. Amsterdam Avenue Development Associates, LLC, 2019 WL 1206357, 2019 N.Y. Slip Op. 30621(U) (Sup. Ct. New York Co., March 14, 2019), a case in which the New
In Matter of Marcus v. Planning Board of the Village of Wesley Hills, et al., the respondent, Rockland Tree Expert, Inc., d/b/a Ira Wickes, Arborist (“Wickes”), sought a special use permit and site plan approval to conduct arborist and
The Board of Trustees in the Village of Dering Harbor, located on Shelter Island, adopted a resolution in February of 2018, granting an application of property owners, Brad Goldfarb and Alfredo Paredes, to install and maintain a “living fence”, commonly
Last week’s election had news outlets across the State and nation talking about Long Island’s rare “red wave”. While many are now debating what the apparent sea change means for Long Islanders, at least for the next few years, equal
Generally, many property owners assume that where a lot is held in single and separate ownership they are entitled to an area variance “as of right.” That is not entirely true. An exception to the single and separate doctrine is
On October 5, 2021, the New York State Department of Environmental Conservation (“Department” or “DEC”) released water quality guidance values for three emerging compounds, PFOA, PFOS and 1,4-Dioxane (collectively, “Emerging Compounds”). The comment period for the draft guidance values runs
In Matter of O’Connor and Son’s Home Improvement, LLC v. Acevedo, et al., the petitioner, O’Connor and Son’s Home Improvement, LLC (“Petitioner”), owns a 120-foot by 57-foot parcel of property (the “Property”) located in the City of Long Beach
On September 2, 2021, Governor Kathy Hochul signed legislation (S.50001/A.40001), which includes a number of statutory protections and other emergency public health measures adopted in response to the recent increase in the transmission rates of the COVID-19 Delta
In May 2021, the Supreme Court ruled in Territory of Guam v. United States, 593 U.S. __ (2021), on the issue of whether a settlement resolving environmental liabilities was sufficient to establish a right of contribution for a settling-party against
