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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
NEW YORK STATE LEGISLATURE ROLLS
BACK EXORBITANT TOBACCO REGISTRATION
FEES SAVING RETAILERS MILLIONS IN FEES
The new state budget adopted by Governor Cuomo and the
State Legislature rolls back the exorbitant tobacco registration
fee hike enacted in 2009 to $300 per location. Forchelli,
Curto, Deegan, Schwartz, Mineo, Cohn & Terrana LLP
(the Firm), represents the Plaintiff trade associations
and their approximately 10,000 members in an action that
successfully stayed the implementation of the 2009 fee
schedule for nearly two years. Andrew E. Curto, the
lead litigator on this case, obtained two injunctions on
behalf of the plaintiffs and all tobacco retailers statewide. The
2009 statute raised the flat fee from $100 per location
to $1,000, $2,500 or $5,000, based on the total gross sales
of a retailer. The Firm’s success in court
stayed the fee at $100 pending a determination of the constitutionality
of the statute.
Given that the 2009 statute has been repealed
and a new $300 flat fee has been set, the ultimate goal
of all the plaintiffs in the litigation has been satisfied — they
were shielded from having to pay millions of dollars in
unconstitutional fees, which in some cases were as high
as $5000 per store. The statute had a disparate impact
on similarly situated tobacco retailers as the amount of
the fee was to be calculated based upon the sale of all
products, not just tobacco products. In application,
the statute would have had a devastating impact, potentially
forcing an estimated 40 percent of the state’s tobacco
retailers out of the tobacco trade.
Andrew E. Curto, Esq. concentrates his
practice in complicated commercial and employment litigation. Prior to joining the firm in 1999,
Mr. Curto was a partner in a Melville, New York law firm. He routinely
litigates 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, estate litigations,
regulatory claims and compliance issues arising out of municipal zoning and
code enforcement proceedings.
Andrea Tsoukalas, Esq. 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. Ms. Tsoukalas also has
extensive experience in appellate practice and civil litigation.
Ms. Tsoukalas is General Counsel to the Long Island Gasoline
Retailers Association (LIGRA).
Richard Goldberg, Esq. concentrates
his practice in pre-litigation counseling, strategic planning
and complex real estate, commercial, business organization,
construction and foreclosure litigation.
Barry Feldman, Esq. concentrates
his practice in tax litigation, estate and tax planning,
as well as estate administration.
Danielle Gatto, Esq. concentrates her
practice in the areas of litigation, bankruptcy and insolvency,
and employment and labor.
Founded in 1976, Forchelli, Curto, Deegan, Schwartz,
Mineo, Cohn, & Terrana LLP is one of Long Island's
most acclaimed and distinguished law firms. Headquartered in Uniondale, 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.
*The Omni, 333 Earle Ovington Boulevard, Suite 1010, Uniondale,
New York 11553*
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