516-227-0700

Real Estate

Helping to build Long Island by setting a solid foundation in real estate law.

Farrell Fritz has played an essential role in some of the largest, most complex real estate transactions on Long Island, New York, helping change the region from a “bedroom community” with a single major industry into a diverse, independent economic region. From shopping centers, office buildings, and industrial complexes to housing for the elderly, our commercial real estate attorneys bring to each matter experience on all sides of the closing table, as well as a unique perspective on the region and its business community.

 

  • Acquisitions and Sales

    Representing buyers and sellers, landlords and tenants, and brokers and developers, our attorneys use insight and experience to offer creative strategies to successfully resolve the complex issues that so often arise in real estate transactions. Our practice encompasses all the issues of development, zoning, construction, purchasing, selling, and leasing of real property.

  • Economic Development

    Farrell Fritz represents commercial clients in the expansion and development of industrial sites through the use of economic benefits. Our real estate attorneys have an in-depth understanding of the region’s economic benefits programs and know what is available for businesses looking to expand or relocate to our region. We work closely with our zoning and environmental practices to take advantage of tax credits and minimize exposure to possible environmental liability.

  • Leasing

    We successfully prepare and negotiate all types of commercial and residential leases, including shopping center, mall and other store leasing, single-user and multitenant office, industrial, residential and mixed-use building leases. Our real estate attorneys represent a wide range of landlords and tenants, from the independent retail store or business operator to major institutions, regional, and national businesses and landlords. Our commercial real estate attorneys are actively involved in leasing many buildings and shopping centers in the New York metropolitan area and also coordinate the review and negotiation of leases for major retail chain tenants on a regional or national basis.

  • Real Estate Finance

    Our real estate attorneys represent buyers as well as lenders—including banking institutions and nonbank institutional lenders—in structuring, documenting, and closing an array of transactions, including acquisition, construction and project financing, industrial and housing development credit enhancements and bond placements, loan syndications and participations, and Section 1031 exchange financing. We also represent real estate developers, investors, and owners in a wide range of transactions, both locally and nationally, from traditional commercial mortgage loans to complex debt-equity conversions, including mortgage conduit loans, industrial development bond issuances, construction loans, sale-leasebacks, joint ventures, and other financing arrangements.

Professionals

David M. Curry

Partner
Uniondale

Peter L. Curry

Partner
Uniondale

Christopher P. Daly

Partner
Uniondale

David J. Gilmartin Jr.

Partner
Water Mill

Christopher E. Kent

Partner
Hauppauge

John Racanelli

Partner
Uniondale

Jason S. Samuels

Partner
Uniondale

Robert E. Sandler

Partner
Uniondale

Charles M. Strain

Partner
Uniondale

Peter B. Zlotnick

Partner
New York City

James F. DeVarso

Counsel
Uniondale

David J. Gilmartin Sr.

Counsel
Water Mill

Jodi L. Gladstone

Counsel
Hauppauge

Michael P. Stafford

Counsel
New York City

Harry Fournaris

Associate
Water Mill

Jennifer Gebbie

Associate
Uniondale

Katherine Medianik

Associate
Uniondale

Damian Racanelli

Associate
Uniondale

Nicholas T. Terzulli

Associate
Uniondale

Jacklyn A. Zitelli

Associate
Uniondale

Recent Blog Posts

Stopping A Zoning Enforcement Action In Court

Builders, developers and property owners are often cited for zoning violations that become the subject of criminal enforcement proceedings in court (i.e. appearance…

April 22, 2019

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April 22, 2019

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Village Board’s Rejection of Application to Develop Single-Family Residence in Agricultural Overlay District Upheld

In Matter of Sagaponack Ventures, LLC v Bd. of Trustees of the Vil. of Sagaponack, the Second Department upheld the…

April 15, 2019

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April 15, 2019

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The Effect or Interpretation of an Ordinance at the Time of Review Applies, Despite Long-Standing Historical Views

In The Committee for Environmentally Sound Development v. Amsterdam Avenue Development Associates, LLC, 2019 WL 1206357, 2019 N.Y. Slip Op. 30621(U),…

April 01, 2019

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April 01, 2019

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City of Rye Lacks Standing to Challenge a Westchester County Board of Legislators Decision

Over the past several years, this blog has presented several posts on the topic of standing. It is a frequent…

March 25, 2019

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March 25, 2019

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The Uncertain Future of the E-Cigarette Industry in New York

E-cigarettes and vaping have received a very mixed reception in New York.  While the multiplying number of vape shops and…

March 18, 2019

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March 18, 2019

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NYSDEC Proposes Revisions to the SEQR Handbook to Conform with Recent Amendments to the SEQR Regulations

The New York State Department of Environmental Conservation (NYSDEC) is proposing significant revisions to its State Environmental Quality Review Act…

March 11, 2019

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March 11, 2019

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Appellate Division Upholds Village of East Hampton’s Local Laws Enacted in 2015 Amending Zoning Code Provisions for Gross Floor Area and Lot Coverage

In 2015 the Village of East Hampton enacted five local laws reducing the maximum allowable gross floor area for residences,…

March 04, 2019

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March 04, 2019

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Appellate Division Reverses North Hempstead Denial of Pre-Existing Nonconforming Two-Family Home In Business District

In Abbatiello v Town of North Hempstead, 164 A.D.3d 785 [2d Dept. 2018], the Second Department recently reversed Supreme Court,…

February 25, 2019

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February 25, 2019

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Remediation of Petroleum Spills Amount to Continuation of Nonconforming Use

In Matter of HV Donuts, LLC v. Town of LaGrange Zoning Board of Appeals, the Second Department recently held that a…

February 19, 2019

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February 19, 2019

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Developments of Regional Significance Are Subject to Additional Scrutiny by Pine Barrens Commission

The Long Island Pine Barrens Maritime Reserve Act, Environmental Conservation Law, Article 57 (the “Act”), was adopted in 1993 for…

February 11, 2019

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February 11, 2019

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Municipalities Cannot Withhold Permits to Secure Infrastructure and Improvements

In Joy Builders, Inc. v. Town of Clarkstown, 2018 N.Y. Slip Op. 07110, 165 A.D.3d 1084 (2d Dept 2018), a developer (“Developer”),…

February 04, 2019

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February 04, 2019

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Town of North Hempstead Bans Recreational Marijuana Through Its Zoning Power

The Town of North Hempstead decided to ban recreational marijuana even before it becomes legal in New York. At its…

January 21, 2019

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January 21, 2019

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Getting Lost in the “Open Space” of New York City’s Superblocks

In Peyton v. New York City Bd. of Standards and Appeals, (2018 N.Y. 06870, 166 A.D.3d 120 (1st Dept 2018), Petitioners-community residents…

January 14, 2019

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January 14, 2019

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Appellate Division Finds Town of Southold’s Local Law Up-Zoning Property Valid

In 1999, the Greenport Group, LLP (“Greenport Group”) acquired a 31 acre parcel of land located on the east side…

January 07, 2019

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January 07, 2019

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Potential Conflicts and Interplay between the Village of Southampton Board of Architectural and Historic Preservation and the Village of Southampton Zoning Code

In a decision dated October 30, 2018, Supreme Court Judge Joseph Pastoressa remanded a decision made by the Southampton Village…

January 02, 2019

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January 02, 2019

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Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Due to the proliferation of advanced mobile devices, such as smartphones and tablets, wireless service providers anticipate a significant increase…

December 17, 2018

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December 17, 2018

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Third Department Says “Yes” and Upholds Wedding Venue as Custom and Incidental Accessory Use

Local zoning ordinances throughout New York State incorporate the flexible “accessory use” component so as not to unnecessarily restrict one’s…

December 10, 2018

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December 10, 2018

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New FCC Decision Tips in Favor of Service Providers on Small Cell Wireless Projects

On September 26, 2018, the Federal Communications Commission (FCC) adopted its Declaratory Ruling and Third Report and Order (“Declaratory Ruling…

December 03, 2018

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December 03, 2018

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Failure To Appeal First Zoning Board Decision Results In Application Of Factual Res Judica To Second Application For Similar Relief

In Voutsinas v. Schenone, 2018 NY Slip Op 07439 (2d Dept, November 17, 2018), the Appellate Division, Second Department, reminded…

November 26, 2018

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November 26, 2018

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Appellate Division Rules That Town’s Consulting Fees Are Unnecessary In Connection with Review of Special Use Permit and Area Variance Applications

The Appellate Division, Second Department, issued a decision on October 10, 2018, which rejected a town’s attempt to saddle an…

November 19, 2018

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November 19, 2018

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Appellate Division Rules Town of Clarkson Code Provision Restricting Building Permits until Subdivision Infrastructure is Built, Null and Void

New York State Town Law § 277(9) authorizes a town Planning Board to require a developer to provide a performance…

November 12, 2018

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November 12, 2018

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Use Variance Denied By Second Department Regardless Of Alleged Prior Precedent: Village of Patchogue

The Second Department recently reversed a Suffolk County Supreme Court decision granting a use variance for a mother-daughter residence in the Village…

November 05, 2018

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November 05, 2018

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Second Department Reverses Mandamus Requiring Building Inspector to Issue a Permit to Construct a Dock

On October 17, 2018, the Supreme Court, Appellate Division, Second Department (“Second Department”) issued two (2) companion decisions arising out…

October 29, 2018

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October 29, 2018

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Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations

The generally accepted practice in towns and villages throughout New York is that public and private schools need not comply…

October 22, 2018

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October 22, 2018

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Commercial Development around a Residential Parcel Supports Hardship Element for Use Variance

A use variance is arguably one of the most difficult zoning approvals to obtain and is rarely granted.  Petitioners in 54 Marion Ave., LLC…

October 15, 2018

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October 15, 2018

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Appellate Division Revives Challenge to New York City’s Moratorium on Hotel Conversions

In Real Estate Bd. of New York, Inc. v. City of New York, Petitioner-Plaintiff Real Estate Board of New York,…

October 09, 2018

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October 09, 2018

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Defective SEQRA Determination Derails South Nassau Cultural Center

A recent decision from the Nassau County Supreme Court, Healy v. Town of Hempstead Board of Appeals, overturned a municipal determination…

October 01, 2018

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October 01, 2018

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Third Department Affirms “Neg. Dec.” Do-Over in Village of Ballston Spa v. City of Saratoga Springs

In SEQRA parlance, a “Negative Declaration of Environmental Significance”, or “Neg. Dec.”, is a lead agency’s finding that the proposed…

September 24, 2018

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September 24, 2018

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Challenge to Montauk Motel’s Restaurant Fails at Supreme Court Level

The Breakers Motel has been a fixture in Montauk since the 1950’s. Situated at 769 Old Montauk Highway, Montauk New…

September 17, 2018

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September 17, 2018

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Faulty SEQRA Sinks Village’s Use of Eminent Domain

Earlier this year, the Third Department handed down a surprising upset in the eminent domain arena.  See, Matter of Adirondack Historical Association…

September 10, 2018

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September 10, 2018

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Second Department Upholds Board of Zoning Appeals Decision Finding Vacant Land Was Not Single and Separate

Given the complex zoning regulations that govern development of vacant land, in recent years, it has become uniquely challenging to…

September 04, 2018

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September 04, 2018

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Town Considers New Zoning Regulations for Port Washington Waterfront

Following the adoption of a moratorium on development along Port Washington’s waterfront, North Hempstead Town officials have proposed new zoning regulations…

August 27, 2018

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August 27, 2018

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The Domain of Interpreting Zoning Ordinance: “Resort” to the Zoning Board of Appeals

In opposing Crossroad Ventures, LLC’s (“Crossroad Ventures“) endeavor to construct a vacation resort partially within the Town of Shandaken, (“Town“), grassroots…

August 19, 2018

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August 19, 2018

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Revitalizing Long Island’s Downtown Communities – Part Two. Central Islip Awarded $10 Million Downtown Revitalization Initiative Grant

  Last week, we reported on a $10 million award issued by the State to help revitalize downtown Hicksville. Well,…

August 13, 2018

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August 13, 2018

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Hicksville’s $10 Million Downtown Revitalization Initiative Award – Get Ready For Some Big Changes

On July 3rd, Governor Cuomo announced that the state was giving the Town of Oyster Bay a $10 million Downtown Revitalization…

August 06, 2018

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August 06, 2018

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Long-Awaited SEQRA Amendments Are Finally Here: So What Are They, and What Do They Mean?

After six years and vigorous public comment, the New York State Department of Environmental Conservation (DEC) has adopted substantive amendments…

July 30, 2018

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July 30, 2018

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Appellate Division Finds Planning Board’s Negative Declaration Arbitrary and Capricious and Requires Preparation of Environmental Impact Statement

An application was made for a site plan to the Planning Board of the City of Poughkeepsie for a 24…

July 23, 2018

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July 23, 2018

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Appellate Division Holds that Proposed Use For Split Zoned Parcel Requires Area, Not Use, Variance

Split zoned parcels can be a headache for property owners and practitioners.  In general, a split zoned parcel is a piece of land located in…

July 16, 2018

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July 16, 2018

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How Not to Fix A Failure to Refer A Land Use Matter To The Planning Commission

General Municipal Law §239-m requires that before taking action on a land use application, a municipal agency like a Zoning…

July 09, 2018

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July 09, 2018

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Southampton Trustees-Possible Thorny Parkland Alienation Issue On Rose Hill Drive

A few days ago, the Town Supervisor of the Town of Southampton and the Town Trustee President sent a letter to…

July 02, 2018

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July 02, 2018

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Will The Town of Huntington Change Its Zoning Code To Limit Upstairs Apartments In Its Mixed Use Business District?

In April 2006, the Town of Huntington adopted a local law (Local Law 14-2006) that added § 198-27(A)(22) to its…

June 25, 2018

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June 25, 2018

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When Can A Municipal Board Approve a Contract “In Substance?” The Answer May Be Different in a Village Versus a Town

It turns out, according to the Supreme Court, Orange County, that the standards for review of municipal contracts are noticeably…

June 18, 2018

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June 18, 2018

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A Long Island Sound Crossing – Will This Bridge or Tunnel Ever Be Built?

For many decades, Long Islanders have been hearing about proposals to span over or under Long Island Sound. The most…

June 11, 2018

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June 11, 2018

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Suffolk Supreme Court Overturns Zoning Board Denial of Deer Fence Application

Recently Farrell Fritz, P.C. represented a family held limited liability company in connection with an application to a East End…

June 04, 2018

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June 04, 2018

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An Update on Sand Mining in the Hamptons: NYS DEC Procedurally Halts the DEC Processing of Sandland’s Mining Permit

In April of 2016 we published the blog entitled “Mining in the Hamptons: Appellate Division Affirms Town of Southampton Zoning…

May 29, 2018

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May 29, 2018

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The Town of Riverhead’s Rural Preservation Efforts Encounter the Special Facts Exception and Section 239-m

Last month, the Appellate Division, Second Department, issued four decisions[1] in a series of hybrid proceedings challenging local laws in…

May 21, 2018

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May 21, 2018

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Appellate Division Reverses Site Plan Approval Requiring Merger of Six Individual Lots into One Shopping Center Lot

It is not uncommon for municipal planning departments to require applicants who are seeking land use approvals involving multiple contiguous parcels to…

May 14, 2018

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May 14, 2018

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Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by…

May 07, 2018

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May 07, 2018

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Failure to Refer Area Variance Application to County Planning Agency Poses Jurisdictional Defect and Nullifies Approvals

In Fichera, et al. v. New York State Dep’t of Envt’l Conserv., et al., decided last month, Petitioners commenced an Article 78…

April 30, 2018

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April 30, 2018

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Lack of Standing Is Fatal To Challenge

Standing is a threshold issue in challenges to administrative decisions.  Prior blog posts have dealt with standing in cases involving challenges to local land use…

April 23, 2018

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April 23, 2018

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The Continuing Saga Of NYSDEC’s Proposed Amendments To Its SEQRA Regulations

In 2012, the New York State Department of Environmental Conservation (NYSDEC) proposed sweeping changes to its State Environmental Quality Review…

April 16, 2018

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April 16, 2018

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Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density

On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to…

April 10, 2018

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April 10, 2018

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Appellate Division Affirms ZBA Determination Denying Natural Resources Special Permit for Walls Built Without Permits on East Hampton Oceanfront Property

In the Matter of 278, LLC v. Zoning Board of Appeals of the Town of East Hampton et al., dated…

April 02, 2018

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April 02, 2018

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Old MacDonald Has A Right To Build On His Farm: Sale of Development Rights In Suffolk County Does Not Preclude Certain Uses of Farmland

Long Island’s ever-evolving agricultural industry won a major battle in the Appellate Division this month when the court overturned Supreme Court…

March 26, 2018

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March 26, 2018

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Border Wars – Queens versus Nassau

With all the talk about a border wall between the United States and Mexico, we were amused to come across…

March 19, 2018

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March 19, 2018

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Landmarks Preservation Commission May Prevent the Privatization of Interior Landmarks

In Matter of Save America’s Clocks, Inc. v. City of New York, the majority of a divided 3-2 Appellate Division,…

March 12, 2018

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March 12, 2018

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The Reasonable Probability Increment Continues to Boost Just Compensation For Wetlands Condemnation in Galarza v. City of New York

Early this year, the Supreme Court of New York, Richmond County issued a comprehensive opinion in Galarza v. City of New…

March 05, 2018

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March 05, 2018

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Oyster Bay’s Code Provision Linking Building Permits To Qualified Apprenticeship Programs Enjoined

Several Long Island municipalities have local laws that peg the issuance of certain building permits to a requirement that contractors…

February 26, 2018

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February 26, 2018

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Second Department Vacates Trial Court Order Requiring Removal of Trespassing Structure: Will Money Damages Compensate the Trespassed Upon Party?

On January 24, 2018 the Appellate Division, Second Department affirmed in part, and reversed in part, a trial court order…

February 20, 2018

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February 20, 2018

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Sour Grapes At Southold Town Board Meeting: Proposed Regulations Aimed At Wineries Go Back To The Drawing Board

At its December 5, 2017 meeting, the Town Board of the Town of Southold (“Town Board”) was hit with a…

February 12, 2018

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February 12, 2018

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New York Supreme Court Upholds Riverhead Town ZBA Determination Affirming Pre-existing Nonconforming Marina, Commercial Oyster Operation and Summer Cottage Use

By letter dated November 24, 2009, the Town of Riverhead’s Building Department Administrator provided that the docks, bulkheaded structures, commercial…

February 05, 2018

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February 05, 2018

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Oh Deer! Local Hunting Laws and New York State Preemption Doctrine

In 2014, the New York State Legislature enacted a significant amendment to the Environmental Conservation Law (ECL) reducing setbacks required to discharge a long…

January 29, 2018

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January 29, 2018

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Second Department Upholds Loss of Religious Use Real Property Tax Exemption

On January 18,  2018, the Appellate Division, Second Department, upheld a decision denying an application for a religious real property…

January 22, 2018

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January 22, 2018

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Is New York City’s Marx Brothers Playground a Park?  The Answer is No Laughing Matter

A fierce legal battle is currently being waged between preservationists and the City of New York (“City”) over a parcel…

January 16, 2018

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January 16, 2018

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The Ambiguity Rule: “Not-So-Clear” Can Be Useful When Seeking Variances

It is well established that zoning codes and regulations are in derogation of property owners’ rights in and to the…

January 08, 2018

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January 08, 2018

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SEQRA Remains a Hot Topic for the NY Court of Appeals in Friends of P.S.163 v Jewish Home Lifecare and New York State Dept of Health

On December 12, 2017, the New York State Court of Appeals issued a joint decision on the appeal of two…

January 02, 2018

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January 02, 2018

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Murr v. Wisconsin, Lot Mergers, State Legislative Intervention & A Happy Ending

Last week we wrote about a United States Supreme Court case Murr v. Wisconsin and its impact locally. Since that…

December 26, 2017

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December 26, 2017

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Supreme Court Considers Zoning Merger Case – How Does This Apply in Southampton Town?

The stakes could not be higher; would the property yield one or two waterfront building lots? On June 23, 2017,…

December 19, 2017

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December 19, 2017

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Climate Change and Coastal Adaptation in the Tri-State Area

Thirteen federal agencies released a report in November 2017 in which they conclude that humans are the primary cause of…

December 11, 2017

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December 11, 2017

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Empire Wind: New York’s Latest Off-Shore Wind Energy Project

In December 2016, Norwegian developer Statoil won a bid to lease 79,000 acres of underwater land from the federal government…

December 04, 2017

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December 04, 2017

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In Approving Large, Multi-family Developments, Consistency with the Comprehensive Plan and SEQRA is Key

In 2009, Scenic Development, LLC (“Scenic”) sought a zone change for the property formerly known as the “Patrick Farm” located…

November 27, 2017

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November 27, 2017

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When Governmental Entities Collide – Local Zoning Codes May Be The Loser

A recent decision by the Appellate Division decided that a village zoning code was inapplicable to a water district. As…

November 20, 2017

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November 20, 2017

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Appellate Term Reverses Village of Port Jefferson Illegal Rental Permit Convictions

Week to week we blog about recent developments in the land use arena, which typically arise in the civil context. …

November 13, 2017

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November 13, 2017

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Village’s Denial of a Permit to Fence-Off Private Road Subject to Claim for Inverse Condemnation

In the Village of Bayville, New York (“Village”), a landowner wished to enclose and protect private property (“Lot 18”) , including the roadway…

November 06, 2017

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November 06, 2017

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Federal Oversight of Zoning within the Fire Island National Seashore

Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore…

October 30, 2017

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October 30, 2017

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FOIL Follies- Draft Plans Once Submitted Must Be Made Available

New York’s Freedom of Information Law (“FOIL”) mandates that agencies make all “records” available for public inspection and copying, subject to certain  exemptions. See, Public Officers…

October 23, 2017

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October 23, 2017

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Can I Park Here? Second Department Takes the Driver’s Seat in Recent Parking Cases

Last month, the Appellate Division, Second Department, issued two interesting opinions concerning parking. One involved a parking variance and the…

October 16, 2017

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October 16, 2017

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Court Supports Expansive View of What Constitutes Religious Use

Note:  Law clerk Joanna Lima assisted in drafting this blog post. Courts have recently expanded what constitutes religious conduct. In particular, in…

October 10, 2017

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October 10, 2017

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How High Is Too High – Measuring the Height of a Structure

Measuring the height of a structure may seem straightforward in the abstract, but sometimes in practice that is not the…

October 02, 2017

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October 02, 2017

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Westhampton Beach Park Fee Upheld

My partner, Anthony Guardino, recently posted a three-part series about land use fees on this blog. This post concerns a…

September 25, 2017

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September 25, 2017

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Southampton Town Requires Nitrogen Reducing Sanitary Systems (Innovative and Alternative On-Site Wastewater Treatment Systems) Starting SEPTEMBER 1, 2017

As outlined in our prior blog by Anthony S. Guardino, posted on March 20, 2017 entitled, “East Hampton Considers New…

September 18, 2017

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September 18, 2017

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Comfort Stations May Be Permitted Uses of Public Streets

After Hurricane Sandy devastated Long Beach and its boardwalk in 2012, officials sought to reconstruct the city’s iconic esplanade. As…

September 11, 2017

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September 11, 2017

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New York’s Local Waterfront Revitalization Programs (“LWRPs”) And Climate Change

Now more than ever, climate resiliency along our coastlines is an important aspect of long range municipal planning.   Back in 1981, the New York State Legislature enacted the…

September 05, 2017

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September 05, 2017

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How to Avoid Getting Your Deed Rejected for Recording, Part 3: 10 Fail-Safe Tips to Insure Success

On July 11, 2016, we authored Part One in an ongoing series discussing the mechanics of  how to successfully record a…

August 28, 2017

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August 28, 2017

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Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 3

In this post, which is the third and final segment of a three-part series, we look at real property recording…

August 21, 2017

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August 21, 2017

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SEQRA Permits Lead Agency To Remove Conditions from Conditional Declarations

Petitioners, residents and nearby occupants (“Petitioners”), commenced a hybrid Article 78 proceeding and declaratory judgment action against the Planning Board…

August 14, 2017

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August 14, 2017

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7-Eleven versus the Town of Babylon: A Big Gulp of Red Tape

On July 7, 2017, Judge William G. Ford issued a decision in the case Matter of 7-Eleven, Inc. v. Town…

August 07, 2017

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August 07, 2017

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The Mysterious Case of the Disappearing Type II: Town not Permitted to Reclassify a Type I Action as a Type II Action

In Miranda Holdings v. Town Board of Town of Orchard Park, ____ N.Y.S. 3d, ____, 2017 WL 2884633 (4th Dept.…

July 31, 2017

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July 31, 2017

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Court of Appeals Reiterates “Modest” Burden for Regulating Adult Uses in People Theatres of N.Y. Inc. v. City of New York

In People Theatres of N.Y. Inc. v. City of New York, 2017 N.Y. Slip Op. 04385, various owners of adult businesses…

July 24, 2017

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July 24, 2017

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Queens Shopping Mall Nixed by Court’s “Public Trust” Doctrine Ruling

In Matter of Avella v. City of New York, 2017 NY Slip Op 04383 (June 6, 2017), the New York…

July 17, 2017

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July 17, 2017

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Uniform Code Conflicts – Town vs. State Regulations

The New York State Uniform Fire Prevention and Building Code (“Uniform Code”) sets forth uniform building and fire prevention standards…

July 10, 2017

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July 10, 2017

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Tenant Has Standing to Challenge Definition of Family Set Forth in Village Code

On June 28, 2017, the Appellate Division, Second Department, held that a tenant has standing to challenge the definition of…

July 05, 2017

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July 05, 2017

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It’s A Bird, It’s A Plane, It’s A Floating Zone

According to the American Planning Association, a “floating zone” is a zoning district that “delineates conditions” rather than the more…

June 26, 2017

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June 26, 2017

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State Liquor Laws Preempt Local Municipalities from Restricting Operating Hours

The State liquor law preempts  local municipalities from restricting hours of operation for businesses selling alcoholic beverages for on-premises consumption.   Accordingly,…

June 19, 2017

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June 19, 2017

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Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 2

In this post, which is the second segment of a three-part series, we will highlight the various ways that local…

June 12, 2017

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June 12, 2017

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Tie Vote – No Default Denial- Town Law 267-a(13)(b)

Generally, when a majority of the members of a zoning board of appeals (ZBA) either votes in favor of or against an…

June 05, 2017

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June 05, 2017

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Redevelopment of Route 110 in East Farmingdale

The Town of Babylon’s plan to revitalize the Route 110 corridor in East Farmingdale, NY keeps moving forward. The Town began…

May 30, 2017

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May 30, 2017

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Rock Hill Golf and Country Club Joins Brookhaven’s Golf Course District

On April 27, 2017, the Town Board of the Town of Brookhaven approved a change of zone for Rock Hill…

May 22, 2017

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May 22, 2017

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Town of Southold Expands Scope of Agricultural Use

On April 25, 2017, the Southold Town Board adopted Local Law No. 5 of 2017, which amends the Town’s Zoning…

May 15, 2017

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May 15, 2017

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Beware The Restrictive Covenant

Also known as negative easements, restrictive covenants can wreak havoc on the ability to develop property. Recently, in our real…

May 08, 2017

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May 08, 2017

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Town Of Southampton Decides Not To Require Updated Certificates Of Occupancy For Property Transfers

The Town of Southampton recently held several public hearings to consider a local law requiring an updated certificate of occupancy…

May 01, 2017

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May 01, 2017

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Shoreham is Catching Rays in Move from Mulligans to Megawatts

This month, U.S.-based energy giant Invenergy expects to break ground on New York’s second largest solar farm project at the former Tallgrass golf course in Shoreham. …

April 24, 2017

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April 24, 2017

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Second Department Reverses Trial Court: Cottage is not a Nonconforming Use

On April 5, 2017, in an Article 78 proceeding, Tavano v. Zoning Board of Appeals of the Town of Patterson, 2017…

April 17, 2017

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April 17, 2017

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Preservation by Law May Become Par for the Course: Brookhaven Town Rezones Golf Courses

The Town of Brookhaven has engaged in efforts to preserve Long Island’s links and, last month, took the first steps…

April 10, 2017

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April 10, 2017

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Type II Actions Will Be Expanded Under NYSDEC’S Proposed Changes To SEQRA Regulations

The New York State Department of Environmental Conservation (“NYSDEC”) proposed significant changes to the State Environmental Quality Review Act (“SEQRA”)…

April 03, 2017

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April 03, 2017

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Land Use and Environmental Pitfalls for Realtors- Includes Exclusive Power Point Presentation

On February 20, 2017, our colleagues blogged about Ader v. Guzman, 135 AD3d 668 [2d Dept. 2016] and a guidance…

March 31, 2017

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March 31, 2017

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Vested Rights – Court of Appeals Update

Sometimes called a “case of the race,” the common law doctrine of vested rights is “one of the most troublesome areas of…

March 27, 2017

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March 27, 2017

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East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems

The Town Board of the Town of East Hampton (“Town Board”) is considering progressive new legislation that will require advanced…

March 20, 2017

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March 20, 2017

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Artists’ Studios in East Hampton: “Cease and Desist”

East Hampton Town restricts the size of accessory structures to 600 s.f. (each) with no plumbing.   However, because of a…

March 13, 2017

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March 13, 2017

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Sky Signs, Colossal Murals and Billboards, Oh My

Two recent New York cases brought to mind the well-known poem about trees. No, not the one written by Joyce…

March 06, 2017

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March 06, 2017

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Fair Play in Granting Area Variances on the Tennis Court and in the Judicial Court

The orientation of a tennis court in a north/south direction is a benefit to competitive players interested in fair tennis…

February 27, 2017

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February 27, 2017

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As Summer Approaches, Landlords And Brokers Must Beware Of Rental Permit Requirements

Municipalities on Long Island are struggling to control rental properties. In Southampton, rental properties are governed by Chapter 270 of…

February 20, 2017

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February 20, 2017

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Hemp: Coming to a Farm Near You?

DEREGULATING INDUSTRIAL HEMP Plans to expand New York’s Industrial Hemp Agricultural Pilot Program were recently announced by Governor Andrew Cuomo…

February 13, 2017

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February 13, 2017

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Denial of Site Plan Application to Construct a Mosque Held to Violate RLUIPA

On December 31, 2016, U.S. District Judge Michael Shipp of the District of New Jersey authored a 57-page opinion granting…

February 06, 2017

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February 06, 2017

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Steel Over the Ocean: LIPA Approves Offshore Wind Farm Southeast of Montauk

Last Wednesday, LIPA unanimously approved Deepwater Wind’s proposal to build the nation’s largest offshore wind farm approximately 30-35 miles off the coast of…

January 30, 2017

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January 30, 2017

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Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 1

In an effort to generate revenue without raising taxes, many municipalities on Long Island, and elsewhere in New York State,…

January 23, 2017

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January 23, 2017

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Village of Asharoken Opts Out of Federal Beach Project

Asharoken, N.Y. January 10, 2017 — Swayed by public opinion, the Incorporated Village of Asharoken (“Asharoken”) opted out of a…

January 17, 2017

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January 17, 2017

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Update on Town of Huntington’s Proposal To Ban Short-Term Rentals

At its January 10, 2017 meeting, the Town Board of the Town of Huntington held a public hearing to discuss…

January 12, 2017

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January 12, 2017

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Public Hearing On The Town Of Huntington’s Short-Term Rental Ban Set For Tomorrow, January 10, 2017

Last April, my colleague Anthony Guardino blogged about the Town of Southold’s local law banning “transient rental properties”, which Southold…

January 09, 2017

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January 09, 2017

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Farrell Fritz Land Use Blog – 2016 Year in Review

Before we blog our way into 2017, we wanted to take a moment to review the topics that we blogged about…

January 03, 2017

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January 03, 2017

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Failure to Seek Preliminary Injunctive Relief Supports Motion to Dismiss and Renders Appeal Academic

On December 21, 2016, the Appellate Division, Second Department, rendered yet another decision whereby an appeal was dismissed “as academic”…

December 27, 2016

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December 27, 2016

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Departments of Justice and Housing and Urban Development Release Updated Fair Housing Act Guidance on State and Local Land Use Laws

Jointly responsible for enforcing the federal Fair Housing Act (“FHA”), the U.S. Departments of Justice and Housing and Urban Development…

December 19, 2016

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December 19, 2016

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Appellate Court Invalidates Condition Imposing Durational Limit on Special Permit

Under New York State law, zoning boards and planning boards are authorized to impose reasonable and appropriate conditions  and restrictions…

December 12, 2016

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December 12, 2016

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Articles & Advisories

New York should keep Hamilton in mind after Amazon

New York: You threw away your shot. To maximize capital investment, launch new industries, and create jobs, government must invest…

April 02, 2019

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How to Keep an Amazon From Walking Away

There is no question that Amazon’s decision to abandon its deal for a New York City-based HQ II has dealt…

March 11, 2019

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Peter Curry quoted in a Long Island Business News Article

LONG ISLAND IDAs:  Mysteries Unraveled These headlines are the kind of news Long Islanders need: Best Market relocating its headquarters…

September 22, 2016

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Seeking Speedier Approvals – Push for professional certification for interior renovations meets roadblocks

Reprinted with permission from Long Island Business News, November 20-26, 2015|Vol.62| No. 47| John Racanelli was quoted in the noted…

January 21, 2016

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Payment Bonds: A Valuable Tool to Protect the Rights of Subcontractors in New York

December 09, 2014

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State Impairs Ability of IDAs to Assist Retailers

June 21, 2013

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Are You Sure you Left New York? (The Tax Man May Not Think So)

January 13, 2013

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Client Advisory – Disaster Recovery Assistance in the Wake of Hurricane Sandy

We hope that those reading this were safe throughout the recent storms, and that you are well on your way…

November 08, 2012

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Industry Advisory: Brokers’ Liens a Potential Tool to Ensure Payment of Commissions

Surely one of the most frustrating moments in a broker’s career occurs when he successfully completes a leasing transaction, and…

October 31, 2010

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Client Advisory – Recession Presents Opportunities for Estate Planning with Real Estate

As we all know, commercial real estate holdings have been significantly impacted by the recession. Vacancy rates have risen, rents…

October 01, 2010

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News

Luxury corridors lose big brands as online labels open edgy shops

While the high-wattage opening of Hudson Yards’ shops and restaurants in March reinvigorated the retail landscape, lease signings for major…

April 17, 2019

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Sale of shuttered Deer Park school nears closing after four years

The shuttered George Washington School in Deer Park is expected to be in the hands of a developer within months,…

February 27, 2019

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HQ2 Fallout: Is Amazon’s Loss Long Island City’s Win?

Nicholas Terzulli, associate at Farrell Fritz, is quoted in this Forbes article. Will those other companies take pause though, considering…

February 15, 2019

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HVAC Firm Moving to LI From Westchester

Nicholas Terzulli, associate at Farrell Fritz, is quoted in this article. A Westchester County-based installer of heating and air conditioning…

November 21, 2018

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Firm considers move from Westchester to Long Island

Farrell Fritz associate Nicholas Terzulli is representing HVAC supplier ACS System Associates as they consider a move to Long Island.…

September 19, 2018

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IDA helping Plainview factory expansion

Peter L. Curry, partner, is quoted in this article. Supreme Screw Products Inc., a manufacturer of precision-machined components, plans a $4.7…

September 12, 2018

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IDA approves tax breaks for Islanders’ $10 million Coliseum upgrade plan

Peter L. Curry, partner, is quoted in this article. The Nassau County Industrial Development Agency voted to approve tax breaks…

September 11, 2018

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Who’s Who – Residential & Commercial Real Estate Law – Jacklyn A. Zitelli

Jacklyn A. Zitelli is a real estate associate at Farrell Fritz, representing corporate and individual real estate clients in the…

December 27, 2017

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A&Z Pharmaceutical to spend $12.2M on improvements

August 29, 2017

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Who’s Who in Commercial & Residential Real Estate Law – Dave Curry

David M. Curry is counsel at Farrell Fritz, concentrating in commercial real estate law. Curry represents developers in sales and…

December 16, 2016

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Press Releases

Kyle Gruder and Katherine Medianik Join the Firm as First-Year Associates

Farrell Fritz is pleased to announce that Kyle Gruder and Katherine Medianik have joined the firm as first-year associates. Kyle…

February 07, 2019

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Farrell Fritz Receives Tier 1 Ranking in 2019 U.S. News – Best Lawyers’ “Best Law Firms”

Farrell Fritz is pleased to announce that, for the seventh consecutive year, the firm has received a Tier 1 ranking…

November 01, 2018

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30 Farrell Fritz Attorneys Recognized as 2018 Leading Lawyers in Their Respective Areas of Practice

Farrell Fritz had a combined total of 30 attorneys selected to the 2018 New York Metro Super Lawyers and New…

September 13, 2018

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Ten Farrell Fritz Attorneys Named to The Best Lawyers in America© 2019

Farrell Fritz congratulates ten attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2019.…

August 09, 2018

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Farrell Fritz Welcomes Harry Fournaris to its Water Mill Office as a Real Estate Associate

Farrell Fritz welcomes Harry Fournaris, a Babylon, NY resident, to its Water Mill office as a real estate associate. Prior…

May 01, 2018

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Nicholas T. Terzulli, Formerly With the Nassau County IDA, Joins Farrell Fritz

Farrell Fritz is pleased to announce that Nicholas (Nick) T. Terzulli, former Director of Business Development at the Nassau County…

March 13, 2018

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Farrell Fritz Receives Tier 1 Ranking in 2018 U.S. News – Best Lawyers’ “Best Law Firms”

Farrell Fritz is pleased to announce that, for the sixth consecutive year, the firm has received a Tier 1 Ranking…

November 01, 2017

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31 Farrell Fritz Attorneys Recognized as 2017 Leading Lawyers in their Respective Areas of Practice

Farrell Fritz had a combined total of 31 attorneys selected to the 2017 New York Metro Super Lawyers and New…

September 20, 2017

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Ten Farrell Fritz Attorneys Named to The Best Lawyers in America 2018

Farrell Fritz congratulates ten attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2018.…

August 15, 2017

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Farrell Fritz Promotes Five Attorneys in its Uniondale Office

Farrell Fritz is pleased to announce the promotions of Kathryn (Katy) Carney Cole, David (Dave) M. Curry, Kristina M. Wesch…

January 04, 2017

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Pro Bono

Helping a Social Services Agency Sell Real Estate

The Suffolk County Coalition Against Domestic Violence is a not-for-profit organization founded in 1976. Its assists and empowers victims of…

July 26, 2011

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MovINNg Along: Buying & Selling Buildings, Revising Certificates of Incorporation

The INN (Interfaith Nutrition Network) is a not-for-profit corporation that provides food, shelter, and support services to the hungry and…

July 26, 2011

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Child Abuse And Domestic Violence Organizations Open Under One Roof

The Safe Center LI is a unique collaboration among two nonprofit organizations – the Coalition Against Child Abuse and Neglect (CCAN)…

January 25, 2011

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Long Island Alzheimer’s Foundation

LIAF began in 1988 in typical grass-roots fashion. Five women, each of whom had a parent or grandparent with Alzheimer’s…

January 01, 2010

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Separating Church and Housing Development

A local area church faced a tricky political problem that required the skills of Farrell Fritz attorneys. The problem occurred…

January 01, 2010

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Interfaith Nutrition Network: Serving the Hungry & Homeless

The Interfaith Nutrition Network (“The INN”) is a not-for-profit organization that addresses the issues of hunger and homelessness on Long…

January 01, 2010

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Ursuline Bedford Park Convent Corporation

Farrell Fritz represented the Ursuline Bedford Park Convent Corporation in its inventive re-use of its North Bronx convent grounds located…

January 01, 2010

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