On May 5, 2021, Governor Cuomo signed the New York Health and Essential Rights Act (“NY HERO Act”). The NY HERO Act provides that the New York Department of Labor (“DOL”), in consultation with the New York Department of Health (“DOH”), will promulgate new Airborne Infectious Disease Exposure Prevention Standard. It further provides that the DOL and DOH would publish a model Airborne Infectious Disease…

Forchelli Deegan Terrana LLP (“FDT”) is pleased to announce that Alexander Kerzhner has joined the firm’s Corporate and Mergers & Acquisitions practice group as a Partner. In addition to his law degree, Alexander is a Certified Public Accountant. Alexander has extensive experience handling a wide variety of corporate and business transactions, including venture capital and private equity financings, mergers and acquisitions and securities and debt…

As everyone “returns” to the office and opens up their new calendars, we wanted to advise you of some new changes that have occurred during the holiday break as the Consolidated Appropriations Act (“CAA”) was passed bringing in a new round of funding for the Paycheck Protection Loan.  In addition, with the emergency sick leave and extended family medical leave benefits now expired, New York…

 Peter L. Agovino, a former partner at Forchelli Deegan Terrana LLP (“FDT”) in Uniondale, NY and former Co-Managing Partner of Agovino & Asselta, LLP, passed away on November 16, 2020. He was 74. Born in Sherbrooke, Canada on January 20, 1946, Peter grew up in Maspeth, Queens and moved to Franklin Square, NY before settling in his forever home in Rockville Centre, NY. During his…

Courts have long upheld the imposition of restrictive covenants as part of zoning approvals. As a result, boards routinely require applicants to record restrictive covenants as a condition of zoning approvals. Due to the fact that restrictive covenants are often drafted to “run with the land”, meaning the covenants automatically transfer with the property, zoning attorneys should be fully versed in drafting restrictive covenants as…

A property survey’s importance cannot be understated. Surveys show: Dimensions/description of the premises; location of buildings, fences and other improvements; relationship between the subject property and adjoining parcels, including encroachments by a neighboring property onto the subject property, and vice-a-versa; and provides discovery of facts that may not be of record, i.e. water courses, utility lines, easements, etc. It is “read into” and becomes part…

Many people believe that the Internal Revenue Service (IRS) always provides the right answer, particularly when an agent tells the taxpayer that there is an IRS policy that is determinative of the issue, even when there is no legal support for the position. The taxpayer, without substantial research into the IRS procedural rules, has no means of disputing such a statement. Therefore, making the statement…

Businesses are currently in the throes of reopening from the imposed government shutdowns. But are businesses taking the time to consider whether their operations are insured for COVID-19 claims by the public? Unfortunately, due to the virus’ contagiousness in close quarter settings and its potential deadly nature, it is likely that businesses will be forced to confront these claims before a viable vaccine is available.…

Businesses permitted to reopen pursuant to Governor Andrew Cuomo’s order must follow the mandatory guidelines as set forth by the State.  Each industry has its specific set of regulations and protocols with which business owners must comply.  Executive Order No. 202.38 issued June 6, 2020 (the “Order”), states in pertinent part that commercial building owners and those authorized on their behalf to manage public places…

Business owners who found themselves the recipient of the PPP loan funds, but with their businesses still mandated closed, can breathe a bit of a sigh of relief as the PPP program was amended and borrowers now have 24 weeks, not 8, to use the funds and seek forgiveness. The Paycheck Protection Program Flexibility Act of 2020, which was just signed into law by President…