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Contact:
Nina McCann
Director of Public Relations
Forchelli, Curto, Deegan, Schwartz, Mineo, Cohn & Terrana, LLP
516-248-1700
nmccann@ForchelliLaw.com
Temporary Restraining Order Obtained in
Nassau County Supreme Court on Behalf of Trade Associations
Delaying the Implementation of New Tobacco Registration
Fees
By Forchelli, Curto, Deegan Attorneys Andrew
E. Curto, Andrea Tsoukalas and Barry C. Feldman, Esq.
September 16, 2009 —The Forchelli,
Curto, Deegan law firm by Andrew E. Curto, Esq., Andrea
Tsoukalas, Esq., and Barry C. Feldman, Esq. obtained a
temporary restraining order of state-wide effect which
permits tobacco retailers to file their tobacco registration
forms by the September 20, 2009 deadline without having
to comply with the new fee schedule set forth in amended
Tax Law 480(a). Andrew E. Curto, Litigation Partner, successfully
argued the case before Judge Feinman in Nassau County Supreme
Court. The delayed implementation of the fee schedule allows
for adjudication as to the constitutionality of the amended
statute which imposes a dramatic increase in tobacco registration
fees. The fees were dramatically increased from a $100
flat fee to a graduated scale of $1000, $2500, and $5000
based on the gross sales of all products rather than tobacco
products alone.
The declaratory judgment action was spearheaded
by Kevin Beyer, President of the Long Island Gasoline Retailers
Association (LIGRA), the lead Plaintiff. The Plaintiffs
in this action are Trade Associations comprised of retail,
fuel, and food businesses in New York State that collectively
represent nearly ten thousand (10,000) retailers state-wide.
Tobacco products are vital to these retailers because they
are a major draw of customers and retail revenue. The loss
of tobacco revenue will lead to the closing down of many
stores and the loss of thousands of jobs in this already
challenging economy. It is estimated that 40% of retailers
could be forced out of the tobacco business due to this
dramatic increase in fees.
The legislature has recognized
the negative impact that this new fee schedule will have
on small businesses and has proposed a bill in both the
Senate and the Assembly to “roll back” the
fees to $200 per location.
Partner Andrew E.
Curto concentrates
his practice in complicated commercial and employment litigation.
For nearly 20 years, Mr. Curto has litigated claims in
both federal and state courts in a wide variety of commercial
claims, such as corporate dissolution and derivative actions,
contract and real estate disputes, employment and discrimination
claims, constitutional challenges, estate litigations,
regulatory claims and compliance issues arising out of
municipal zoning and code enforcement proceedings.
Associate
Andrea Tsoukalas is General Counsel to the Long Island
Gasoline Retailers Association, a not-for-profit trade
association with 600 members. Ms. Tsoukalas has substantial
experience in appellate practice and civil litigation.
She concentrates her practice in zoning, land use, environmental
and municipal law matters. Ms. Tsoukalas represents a wide
variety of clients including national corporate chains,
local developers and small business owners in the development
of commercial and residential properties.
Barry C. Feldman concentrates his practice in tax litigation, estate and
tax planning. He has represented both individuals and corporations
in matters pending before the Internal Revenue Service
throughout the United States, and has appeared on behalf
of clients in matters pending in the United States Tax
Court, the New York State Division of Tax Appeals and the
City of New York Tax Appeals Tribunal.
Founded
in 1976, Forchelli, Curto, Deegan, Schwartz, Mineo,
Cohn, & Terrana
LLP is one of Long Island's most acclaimed and distinguished
law firms. With offices in Uniondale and Melville,
NY, the firm is conveniently located for clients in
Nassau and Suffolk. The Firm employs nearly 50 attorneys
who provide counsel to a broad range of clients, including
national, regional and local businesses, major real
estate developers and organizations, banks, insurance
companies, municipalities, educational institutions,
and individuals. Personal attention and quality representation
that is both practical and cost-effective are hallmarks
of the Firm's policy towards clients.
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