Nothing but Inequity and Taxes

Nassau County recently completed the first county-wide reassessment in eight years. The results of the reassessment were published earlier this month on the 2020/21 Tentative Assessment Roll. The goal of the reassessment is a laudable one in that it aims to provide a fair assessment for every property owner in Nassau County. Unfortunately, based upon our review of the reassessment, we do not believe the…

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The Cost of Silence: Sexual Harassment Claims in the #MeToo Era

By Lisa M. Casa The recent downfall of numerous high-profile figures due to revelations of serial sexual harassment left many wondering how such behavior was permitted to continue, unabated, for so long. Nondisclosure agreements and arbitration clauses were criticized for allowing these sexual harassers to maintain their positions and continue their misconduct free of consequences. [i] New York, as part of the 2018-2019 budget law,…

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Obtaining Regulatory Guidance from the Regulators

A major part of practicing environmental law is the ability to advise based on an assessment of how an agency is likely to behave.  The rules and regulations are often not as clear as a regulated party would like. Interpreting the rules and regulations, or using how they have been interpreted in other contexts to determine a recommended course of action, can be difficult.  I…

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Supreme Court Expands Power of Courts to Review Agency Decisions

In Weyerhaeuser v U.S Fish and Wildlife Service, 2018 WL 6174253 (November 27, 2018) the Supreme Court addressed the tension between the presumption that agency decisions are subject to judicial review and the exclusion from review for actions that are given over to the discretion of an agency.  At issue was the agency’s designation of certain land as “critical habitat” for the dusky gopher frog. …

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Beyond #MeToo: Heightened Obligations on New York’s Employers to Address and Prevent Sexual Harassment in the Workplace

By  Gregory S. Lisi, Lisa M. Casa and Jane Chen Following the “#Me Too” movement, federal and state legislators have imposed heightened obligation on employers to prevent sexual harassment and to provide victims of sexual harassment more leverage to seek compensation. Federal Last December, Congress passed the Tax Cuts and Jobs Act of 2017 (the “Act”), which, in an effort to deter employers from using…

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Real Estate Tax Exemptions for Solar Energy Systems

By John V. Terrana and Gabriella E. Botticelli In order to promote New York’s clean energy initiative, the New York State Real Property Tax Law (RPTL) provides a tax exemption for property owners who install certain renewable energy systems, such as a solar energy system. Click  on link for the complete article: Real Estate Tax Exemptions_NYREJ Reprinted with permission from the New York Real Estate Journal.

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John Bues of Forchelli Deegan Terrana LLP Honored as a Kings of Queens

Uniondale, November 13, 2018 – Associate John Bues was honored by Schneps Communications, publishers of the Courier chain of newspapers which includes the Long Island Press, as a King of Queens. The Kings of Queens award honors men for their outstanding leadership as well as their contributions to the community. John Bues has extensive experience in real estate, banking, and corporate transactions and litigation. He…

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Deferral of IRA Required Minimum Distributions Using Your 401(k) Plan

By Barry C. Feldman With the cost of retirement increasing each year, many people approaching retirement age have determined that the life of leisure will have to wait.  The need to continue working, even beyond age 70, has caused many to seek ways to defer receipt of traditional IRA distributions during the period in which they continue to work, until that time when they actually…

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Fairness in Allocating Cleanup Costs Between Buyers and Sellers of Real Property

When real property is sold without a clear allocation of potential environmental cleanup costs, a court trying to allocate those costs in a litigation looks to a variety of “equitable” factors to reach a fair allocation.  In Trinity Industries, Inc. v Greenlease Holding Company (3d Cir. September 5, 2018), the Court examined “value of the property” as a fairness factor, that is, in addition to…

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