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Electrical Infrastructure Local Regulations Cuddy & Feder

Details: Some municipal zoning laws may not mention public or electrical infrastructure at all. This is not necessarily an oversight as the municipality may deem …

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Key Membership Provisions for By-Laws of Not-for-Profit

Details: By-Laws for not-for-profit entities with members should include specific provisions regarding it’s the rights and requirements associated with membership. To start with, there are generally three basic types of membership classes – active, inactive and honorary. The By-Laws of a non-profit entity should indicate how one becomes a member of

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THE PARALEGAL’S GUIDE TO DRAFTING NONPROFIT …

Details: State laws govern the provisions and it is important before drafting to review the specific’s state law which will be governing the entity. Regardless of whether a state requires Bylaws or not, Bylaws are important to have since they provide the roadmap for a not for profit organization’s

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TOURO LAW CENTER LAND USE AND SUSTAINABLE …

Details: includes designations of as-of-right sites, town wide planning, amendments of local laws including zoning regulations, as well as development of ongoing policies at the municipal level including use of municipal rights-of-way and properties. These written materials are intended to summarize several current policies and laws that are a

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ESTATE PLANNING AND ADMINISTRATION: THE COMPLETE …

Details: by 1) debts entitled to a preference under the laws of the United States and the state of New York; 2) taxes assessed prior to death (however, a beneficiary of real estate under the Will must reimburse the estate for any real estate taxes paid by the estate on such real

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Agriculture in the Hudson Valley: When State and Local

Details: Agriculture in the Hudson Valley: When State and Local Policies Conflict. This blog is the second in a series discussing the ins and outs of Article 25-AA of the Agriculture and Markets Law (AML) and its protections for farm operations including agricultural tourism (or agri-tourism) – such as farm stays and retreats, hotels and resorts, and

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Eligible Facility Modifications & Permitting – A Status

Details: Upon adoption of the FCC’s regulations in 2015, it seemed logical to conclude that, while Congress did not expressly preempt zoning for eligible facility modifications, municipalities would embrace federal standards and criteria and conform immediately to federal laws.

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Agriculture In The Hudson Valley: Understand Your Right-to

Details: Article 25-AA of the AML executes its legislative intent through County agricultural districts which provide various benefits such as tax exemptions, 1 protection from unreasonably restrictive local regulation and right-to-farm laws. This blog is the first in a series that will explore the ins-and-outs of Article 25-AA of the AML while largely

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THE IRS 501(c)(3) APPLICATION: A STEP-BY-STEP GUIDE

Details: The By-Laws serve as a road map for how to govern the entity. They must be adopted by the initial Directors. D) Meeting of the Board of Directors to certify that the certificate of incorporation was filed with the Department of State, to adopt the By-Laws and to elect directors.

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Data Center Development, Permits & Zoning

Details: Existing zoning laws may not provide a neat “fit” for these needs and a good deal of education about data center development and operation may be required in the process. Begin with Definitions & Zones.

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New York State Continues the Suspension of In-Person

Details: The Suspension of In-Person Meeting Requirements Is Continued Until August 5, 2020. E.O. 202.48 continues the suspensions and modifications of law contained in Executive Order 202.1. E.O. 202.1 suspended several laws of the state, including the New York State Open Meetings Law (OML), permitting the continuation of municipal meetings via

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Municipal Building Inspectors are Essential Under NY Covid

Details: The Guidance for Code Enforcement Personnel advises that E.O. 202.5 suspends state and local codes, regulations, and laws “to the extent necessary to allow, upon approval by the Commissioner of Heath or the Commissioner of Office for People with Developmental Disabilities, as applicable, the temporary changes to physical plant, bed capacities

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The Changing Landscape of Easements by Necessity in New York

Details: The necessity for the new easement – which was absolute and not occasioned by any conduct of the defendant – only arose when a septic system was constructed in the vicinity of the former easement, thereby rendering it unusable. The Appellate Division held that, regardless of the fact that there had been a deeded right-of-way since the time

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FCC’s Latest 5G Infrastructure Order and 60 Day Municipal

Details: These filings are often subject to local “wireless” laws or arguments as to when the 60-day shot clock starts to run for review and approval of an application or the date of a deemed granted approval in the face of inaction by the permitting authority. The 5G Order clarifies that the 60-day shot clock for municipal permit review and

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Time is of the Essence Clauses in New York and Connecticut

Details: Contrary to what many people may believe, the closing date in a contract is usually only a target date. Generally, absent a “time is of the essence” provision, both New York and Connecticut laws give each party the right to adjourn the date set forth in the …

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New York Corporate Law Corporate Lawyers Cuddy Feder

Details: Whether you’re starting a new project, selling or acquiring a business or seeking to expand or strengthen an existing enterprise, the attorneys in Cuddy & Feder’s Corporate Law practice possess the experience, knowledge and dedication to help you achieve your desired results.

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Drive-Through Facilities and Walkable Communities Cuddy

Details: Municipalities seeking to update their zoning laws with the intention of improving walkability may incidentally (or strategically) adopt regulations that prohibit drive-throughs. Businesses and property owners should pay close attention to rezoning processes to ensure that these facilities are permitted and reasonably regulated.

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The State of New York Civil Litigation During COVID-19

Details: Statutes of Limitations: New York State courts have suspended all statutes of limitations and time limits “for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state, including but not limited to the criminal procedure law, the family court

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New York State Enacts COVID-19 Emergency Eviction and

Details: New York State Enacts COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020. On December 28, 2020, Governor Cuomo signed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (the “Act”) into law in an effort to stabilize the housing situation for tenants and qualifying borrowers during the pandemic.

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NYC Law Seeks to Suspend Individual Guarantor Liability in

Details: NYC Law Seeks to Suspend Individual Guarantor Liability in Commercial Leases. Effective immediately as of May 26, 2020, individuals may not be personally liable for certain tenant obligations they agreed to guaranty. A new law signed by Mayor Bill de Blasio prohibits the enforcement of “a provision in a commercial lease or other rental

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The Importance of Non-Disclosure Agreements in Real Estate

Details: The Importance of Non-Disclosure Agreements in Real Estate Transactions Eon S. Nichols and Thomai Natsoulis * This article illustrates the importance of entering into a non-disclosure agreement, sets forth

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Updated: Governor Cuomo Issues Order Permitting Remote

Details: Updated: Governor Cuomo Issues Order Permitting Remote Notarization. Governor Cuomo has issued an Executive Order permitting documents to be notarized via videoconference through April 18th. The Order was followed by the New York Department of State issuing Guidance to Notaries Concerning Executive Order 202.7. This Order was extended through

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Content Type Narrowed by News Legal News Sources: New …

Details: existing zoning laws and to provide the desired services to the surrounding community. Furthermore, the test we announced in that case, as well as the regulations of the FCC and the PSC, serve to guard against appellants'

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Adult Daycare Planning & Zoning Cuddy & Feder LLP

Details: For the past several decades, an active topic of discussion amongst planners has been the impending effects on communities as the United States’ aging population (largely comprised of the Baby Boomers) sharply increases. 1 By 2050, the population aged 65 and over is projected to be 83.7 million, almost double its estimated population of 43.1 million in 2012). 2

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Demystifying the Small Cell Regulatory Environment Cuddy

Details: It is vital for our industry to continue to draw attention to these issues and advance, federal, state, and municipal laws to keep pace with technological change. To this end, my colleague, Chris Fisher, Chair of our Telecommunications Practice Group, was recently appointed Chair of the Committee within PCIA’s Innovation and Technology

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Anthony B. Gioffre III NY Land Use Attorney Cuddy & Feder

Details: New Federal Laws and New York Cases – Legal Strategies for Siting Success NYSWA Annual Trade Show & Conference (Niagara Falls, NY) June 2012 Lecturer. Wireless Telecommunications Facility Site Acquisition & Zoning Round Table: What will Collocation By Right Mean to You? AGL East Regional Conference (Bethesda, MD) April 2012 Lecturer

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New York City's 5G Regulatory Playing Field in Flux

Details: Cellular One, 82 N.Y.2d 364 (1993) holding that cellular facilities are ‘public utility’ facilities for zoning purposes, the language of NYC’s Zoning Resolution and the DOB’s own formal prior interpretations including TPPN #5/98 all recognized wireless carriers’ status as utilities under zoning laws in New York. In a well-reasoned

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Leslie Levin New York Estate Attorney Cuddy Feder

Details: “The Probate Process from Start to Finish – Administering the Estate Effectively, Determining if Spouse’s Elective Share is a Reasonable Option, and Understanding the Laws of Intestacy and How They May Apply” NBI National Business Institute December 5, 2013 Lecturer and Author “Creative Tax and Estate Planning Ideas – A Case Study”

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The Golden Ticket(s) – New York State Awards Licenses to

Details: The Gaming Act (Chapters 174 and 175 of the Laws of 2013) outlines the procedure and process for siting destination gaming resorts in New York State. The primary provisions of the Act are included in Article 13 of New York’s Racing, Pari-Mutuel Wagering and Breeding Law.

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Why Your Charitable Organization Needs A Written Gift

Details: However, complex laws and rules apply to charitable donations and planned giving that have the potential to affect the amount of, or even completely deny, a donor’s charitable contributions tax deduction––depending upon the nature of the gift and property donated, the substantiation and valuation of the donation, and the type of the donee

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Support for the Energy Sector in New York State, Part 3

Details: All projects must follow local laws unless deemed ‘unreasonably burdensome,’ by the Siting Office in view of the CLCPA targets and the environmental benefits of the proposed major renewable energy facility, which is consistent with the current standard under the Article 10 siting process. It is also noteworthy that any final permit issued

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C&F- NBI Medicaid Update 2015

Details: C&F: 2617043.1 TEFRA “PRE-DEATH” LIENS TEFRA is an acronym for the Tax Equity and Fiscal Responsibility Act of 1982 (Public Law 97-248). See Section …

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New York's Community Solar Energy Cuddy & Feder

Details: Of course, all New York State net metering laws would apply to the distribution and connection of the subject solar facility (see Public Service Law §§ 66-j and 66-l). Importantly, the Community Distributed Generation order provides very specific guidelines related to the creation and operation of a Community Distributed Generation group

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District Court Dismisses Claims in Federal Wage and Hour

Details: In the lawsuit, the plaintiffs, former workers at a Bronx restaurant, sought damages for allegedly unpaid wages and overtime under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Cuddy & Feder successfully argued that its client was not an “employer” as defined under the federal and New York labor laws.

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Solar Energy & Residential Development NY Cuddy & Feder

Details: Accordingly, the New York Legislature is considering laws that would advance residential (small-scale) solar facilities in New York and limit the obstacles hindering solar development. While there are many proposed laws related to solar energy in New York, Bill No. A06878 and Bill No. A00046 are the ones that will have direct impact the

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Support for the Energy Sector in New York State, Part 1

Details: This is the first blog in a three-part series about near-, middle-, and long-term impact for the Energy Sector in New York. At the start of the year, numerous memes celebrated 2020 as the “year of perfect vision.”. With the COVID-19 pandemic hitting earliest and hardest in New York, the prospects for the foreseeable future have

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Cuddy & Feder Telecommunications Practice – Small Cell

Details: Cuddy & Feder Telecommunications Practice Small Cell Caselaw Update. April 10, 2019. On March 27, 2019, the Honorable Cathy Seibel, United States District Court Judge for the Southern District of New York, ordered the Village of Pelham, New York to issue permits for ExteNet Systems’ planned modifications of small cell wireless facilities

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STATE OF NEW YORK

Details: 1 2020 New York State Session Laws Chapter 58, Part JJJ. CASE 20-E-0249 -2- $1,000 per MW, respectively, of nameplate capacity.2 The fees paid by a Major Renewable Energy Facility would be distributed equally among the residential utility customers within the Host

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NYSBA Endorses Legalization of Adult Use Cannabis in New

Details: On January 31, 2020, the New York State Bar Association adopted a report from its Committee on Cannabis Law supporting the legalization of adult cannabis use in New York at its House of Delegates meeting in New York City.

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Kristen M. Motel Land Use & Environmental Lawyer Cuddy

Details: Clients consult with Kristen on various aspects of development and seek her advice regarding New York’s State Environmental Quality Review Act, coastal redevelopment and numerous state and local land use laws. Kristen’s practice also includes advising clients in the emerging field of cannabis law. An active member of the Westchester County

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Partner Andrew Schriever Is Counsel On Amicus Brief in

Details: The brief explains how all three federal government branches have enacted laws and policies upholding the rights of medical cannabis businesses in legalized states, exposing a fundamental paradox: if cannabis is federally illegal for all purposes and the federal government has acted to allow for cannabis businesses, then the federal government

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