Publication: Local and State Govt - Municipal Lawyer

2023 New York State Legislative Update

While the 2023 New York State legislative session lacked the type of blockbuster legislation that has marked many recent legislative sessions, the New York Assembly and Senate passed 896 bills (not a record number, but well above average), many of which will impact New York’s local governments if enacted by Governor Hochul. At the time … Continued

Regulating Short-Term Rentals in New York

By now, most if not all local governments have encountered short-term rentals within their locality, be it officially through a regulatory framework established by the municipality, or unofficially, through property owners renting their properties without any short-term rental laws to comply with at the local level. While short-term rentals are not a new concept,1 their popularity … Continued

Navigating Employee Leave for a Serious Health Condition: Considerations, Concerns and Pitfalls for New York State Public Employers

For public employers in New York State, employee leave requests to address medical conditions or concerns can elicit confusion. Legal protections at the state and federal levels have created a landscape of overlapping and intertwining requirements for employers, all with their own potential for liability or other employment consequences if not properly adhered to. For … Continued

Message From the Chair

Hello! By the time you are reading this, we will have concluded our fall meeting, in person, in Saratoga Springs. I am so happy to be able to see old friends and meet new ones at live section events once again. If you attended, thank you. We truly appreciate your support of our meetings and … Continued

How the Bridge Got Its Name

I. Introduction At the close of the 2017 legislative session, the New York State Legislature renamed the new state thruway bridge that crosses the Hudson River between Tarrytown in Westchester County and Nyack in Rockland County as the Governor Mario M. Cuomo Bridge.1 The original bridge had been named the Tappan Zee Bridge in 1956 soon … Continued

Government Ethics Quiz Answer

Answer: N.Y. Gen. Mun. Law § 801 is violated if three elements are established: (1) the existence of a contract with the municipality, (2) a benefit accruing to an officer or employee of the municipality as a result of the contract, and (3) the power or duty of the officer or employee to negotiate, prepare, … Continued

Government Ethics Quiz

Sponsored by the Section’s Ethics and Professionalism Committee Question A town inspector general with a background and experience in cyber security is responsible for standardizing the town’s purchasing and contract administration; monitoring compliance with all applicable procurement guideline policies, and requirements of federal, state and local laws; providing technical expertise to ensure that all contracts, … Continued

New York Federal Court Rules in Favor of Municipality’s Denial of Wireless Siting Permit for Lack of Necessity

In ExteNet Sys., Inc. v. Village of Flower Hill, the federal district court denied ExteNet’s motion for summary judgment and instead granted summary judgment in the village’s favor, effectively dismissing and overruling ExteNet’s lawsuit challenging the Long Island village’s denial of ExteNet’s application to install 18 small-cell wireless telecommunications nodes in various locations throughout the village, … Continued

Message from the Chair

“The state needs new legislation that can both punish municipalities for failing to comply with the state’s development plans and assist against the fight against climate change.”1 I came across this sentence in an article I recently read. To put this statement in its original context, it was part of an article distributed to all NYSBA … Continued