What recent project, transaction, or accomplishment are you most proud of? In June 2024, I was appointed by governor Hochul to be a board member of the Empire State Development (ESD). The ESD is the chief economic development agency in New York State with a mission of promoting New York’s economy through loans, grants, tax credits, real estate development and various other forms of support.…
The practice of Trusts and Estates law is continually being transformed by technology, and the conveniences it can bring to the practice of law and to clients. For example, the use of technology was invaluable during the COVID-19 pandemic when the public was isolated from each other, and Executive Orders authorized remote notarization of documents and the remote witnessing of estate planning documents.1 Artificial intelligence…
Together with high rent and exorbitant property values, the real property taxes that fund necessary services in New York State make housing affordability a significant concern for low- and middle-income residents. To ensure a sufficient supply of affordable housing, the state must address the ad valorem levy, whereby taxes are derived from a property's market value. This article examines the critical interplay between New York's…
Introduction While drafting the Constitution, the Founders discussed giving the federal government the power to incorporate businesses but ultimately chose to leave the power to the states. The conflict between the powers of the federal and state governments was, and continues to be, one of the most contested political issues in the United States. Consequently, it is no surprise that Congress’ enactment of the Federal…
There are various methods for the transfer of real estate, whether in the context of arm’s length transfers to third parties, or personal family transfers to one’s heirs for estate planning purposes. Methods of real estate transfers have progressed over the ages. The rituals of real estate transfers practiced in medieval Europe evolved into modern real estate law. The early concept of land ownership in…
Northern District of Texas Imposes a Nationwide Ban Enjoining Non-Compete Ban The FTC’s non-compete ban that was set to take effect on September 4, 2024, has been permanently enjoined by Judge Ada Brown in the Northern District of Texas. In granting the motion for summary judgment filed by plaintiff, Ryan LLC and the intervening chambers of commerce, the Court opined that the FTC in enacting…
Question: Is there a way to effectuate a change in the ultimate recipients of a person’s probate[1] assets, i.e., assets that pass to beneficiaries under a will, by reference to a document other than the person’s will? Answer: Yes. Under New York law, incorporation by reference does not prevail because it is “an unattested paper.” The purpose of this statute is to eliminate the possibility…
Question: If an individual executed a will in a state other than New York, and the individual who is now a resident of New York passes away, will a Surrogate’s Court in New York recognize that out of state document as a valid will and admit it to probate? Answer: New York will recognize that will as a valid will and admit it to probate…
How has NYREJ helped you, your firm or your industry? Several years ago, the NYREJ published a two-part article of mine on the “Pitfalls of Subdivision Applications on Long Island”. The articles turn up regularly in Google searches on the topic. I have gotten several clients from referring attorneys who read those articles online, even all these years later. The NYREJ is a good source…
Long Island is home to about 15% of New York state’s overall population, but only accounts for about two percent of the state’s overall area. With the small footprint, land is a precious commodity. While development can be seen across the island, there are many properties lying vacant, abandoned, and underutilized because of a former use that has negatively impacted the environment. Many such properties…