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Steptoe & Johnson PLLC: New York Court of Appeals Upholds Local Zoning Restrictions on Oil and Gas

On June 30, 2014, the New York Court of Appeals ruled that under the “Home Rule” principle, towns may ban oil and gas production activities, including but not limited to hydraulic fracturing, through the use of local zoning laws in the case of Wallach v. Town of Dryden . The Court ruled that...

Babst Calland: New York’s Highest Court Upholds Right of Municipalities to Ban Oil and Gas Activities

By Michael C. Murphy Today the New York Court of Appeals issued an opinion affirming local zoning laws adopted by two upstate towns that prohibited oil and gas-related activities within their borders. Specifically, the Court ruled that there was nothing within the plain language, statutory scheme...

N.Y. Ct. App. on Padilla Retroactivity: People v. Baret

"The United States Supreme Court held in Padilla v Kentucky (559 US 356 [2010]) that the Sixth Amendment requires criminal defense counsel to advise their noncitizen clients about the risk of deportation arising from a guilty plea. The Court subsequently held in Chaidez v United States (568 US __...

Jennifer F. Hillman: Inheritance Rights of Posthumously Conceived Children in New York State

By: Jennifer F. Hillman, Esq. Medical technology continues to advance at a rapid pace. Since the first “test tube” baby was born on July 25, 1978, the field of artificial reproduction has blossomed. According to the United Stated Department of Health and Human Services Office of Population...

Foley & Lardner LLP: N.Y. Property Tax Exemption Extension for Renewable Energy Systems

The New York legislature has passed a bill that extends a real property tax exemption for wind, solar and certain other energy systems until January 1, 2025. The bill provides that real property which includes an eligible energy system is exempt from certain real property taxes for a period of fifteen...

New York Announces $2.2 Million Restitution Fund For Victims Of Immigration Scam

"Attorney General Eric T. Schneiderman today announced that thousands of victims who were defrauded by two immigration services organizations, the International Immigrants Foundation, Inc. (IIF) and the International Professional Association, Inc. (IPA), could begin applying for compensation from...

2nd Circuit: Bankruptcy Court Order Final; Insurers’ Deals With Asbestos Claimants Valid

NEW YORK — (Mealey's) The Second Circuit U.S. Court of Appeals on July 22 reinstated a federal bankruptcy court ruling requiring two insurance companies to pay $510 million to asbestos personal injury plaintiffs under decades-old settlements, finding that conditions precedent to payment under...

Babst Calland: New York Court Dismisses Suits Seeking to Compel State’s Environmental Impact Statement

By Holly A. Pisanelli On July 11, 2014, a New York state trial court dismissed two similar cases in which the plaintiffs sought to compel the State to finalize a Supplemental Generic Environmental Impact Statement (“SGEIS”) pursuant to the State Environmental Quality Review Act (“SEQRA”...

Troutman Sanders LLP: New York Public Service Commission Authorizes Longer Term NYSERDA REC Agreements

In a July order , the New York Public Service Commission authorizes the New York State Energy Research and Development Authority (NYSERDA) to offer longer-term, fixed-price renewable energy credit agreements, extending the maximum term from ten to twenty years. Following the 2004 creation of the New...

Troutman Sanders LLP: Can Content-Based Communications Located Overseas Be Reached Via The Stored Communications Act?

In an oral ruling from the bench, Judge Lorraine Preska of the Southern District of New York recently affirmed Magistrate Judge James Francis IV’s April 25, 2014 decision – Matter of a Warrant to Search a Certain Email Account Controlled and Maintained by Microsoft Corporation , (S.D.N.Y...

Foley & Lardner LLP: Energy Innovation in the Northeast Boosts the Solar Market

By Samuel J. Scroggins Connecticut, Maine, Massachusetts, New Hampshire, New York, and New Jersey are pioneering some of the nation’s most interesting developments in the retail energy space today that have important implications for the solar industry. In Massachusetts, the state has built...

Babst Calland: New York High Court Asked to Re-hear Arguments in Case Banning Oil and Gas Activities

By Michael C. Murphy Citing a recently decided case in Colorado, the bankruptcy trustee for Norse Energy filed a motion in early August urging the New York Court of Appeals to re-hear arguments in the case. In June, the Court of Appeals issued an opinion which affirmed local zoning laws adopted by...

New Debt Collection Rules Announced for New York State Courts

by Amanda L. Genovese , Ethan G. Ostroff and David N. Anthony New York Court administrators recently announced new rules impacting cases involving debt collector-plaintiffs with certain debt claims against consumers. As we discussed on May 7th when the proposed rules were announced, the new rules...

Sutherland SALT Shaker: September 2014 Digest

Click here to read our September 2014 posts on stateandlocaltax.com or read each article by clicking on the title. A printable PDF is also available here . To read our commentary on the latest state and local tax developments as they are published, be sure to download the Sutherland SALT Shaker mobile...

As Child Immigrants Await Fate, a Race for Counsel

"Inside a courthouse in downtown Manhattan, an immigration court crisis plays out in vivid scenes. Dozens of attorneys race between windowless courtrooms. Families listen as immigration law is explained to them in a foreign language through an interpreter. And the children at the center of it all...

Prison for Ex-Manhattan Assemblywoman in Sham Marriage Case

"A former New York State assemblywoman accused of buying an $8,000 sham marriage to gain citizenship was sentenced on Friday to one year in prison by a judge who said pursuit of the American dream was a poor excuse for her actions." - Associated Press, Oct. 4, 2014 .

N.Y. Department of Financial Services Sued for Access to Documents Pertaining to Database of Alleged Illegal Payday Lenders

A consumer financial services attorney (the petitioner) recently filed a petition in New York state court against the New York State Department of Financial Services (DFS) and its superintendent, Benjamin Lawsky. The lawsuit seeks to compel DFS to comply with a request under the New York Freedom of Information...

Mayor Signs Executive Order Raising New York City Living Wage

On September 30, 2014, New York City Mayor Bill de Blasio signed an executive order, Executive Order No. 7 (the “Executive Order”) , requiring companies or individuals who receive, from the City of New York or from a City economic development entity, financial assistance of one million dollars...

Sutherland SALT Team Continues Growth in New York with Addition of Open Weaver Banks

We are pleased to announce that Open Weaver Banks has joined the firm’s State and Local Tax (SALT) practice as counsel in New York. Prior to joining Sutherland, Open was of counsel at Morrison & Foerster LLP. Open represents clients in state and local tax controversies at the administrative...

A Pinch of SALT: What New York Can Learn From California's Combined Reporting History

As part of a sweeping law change, New York will require taxpayers to use a water’s-edge combined reporting method when filing corporate income tax returns beginning January 1, 2015. In this edition of A Pinch of SALT, Sutherland tax attorneys Carley A. Roberts, Pilar Mata, Stephanie Do and...

News Excerpts From the Nov. 15, 2014, Bender’s Immigration Bulletin

Haitian Family Reunification Parole Program To Begin in 2015 On October 17, 2014, the Department of Homeland Security announced that Haitian beneficiaries of approved family-based immigrant visa petitions may soon be paroled into the United States approximately two years before their priority dates...

What Are the Elements of Breach of Fiduciary Duty in New York?

In New York, “In order to establish a breach of fiduciary duty, a plaintiff must prove the existence of a fiduciary relationship, misconduct by the defendant, and damages that were directly caused by the defendant’s misconduct.” Kurtzman v. Bergstol , 40 A.D.3d 588, 590, 835 N.Y.S.2d...