“Court Delays Increase in Tobacco Retailers Fees” by Michael H. Samuels, 9/25/09

Uniondale, September 25, 2009 — Andrew E. Curto, Litigation Partner, representing The Long Island Gasoline Retailers Association, successfully argued to have 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). 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 state Legislature is debating whether to roll back the fees to $200 for each store. If the Legislature approves the $200 fee, the court case would be rendered moot,” Curto stated.

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