In a reversal of the District Court, the Second Circuit Court of Appeals found that the failure of a local Zoning Board of Appeals to hold a hearing on an appeal from the determination of the building inspector, constituted a final determination that was ripe for judicial review. In Ateres Bais Yaakov Academy of Rockland v. … Continued

Hello! By the time you are reading this, my term as Chair of the Local and State Government Law Section will have ended, and you will be in the capable hands of Steven G. Leventhal, Leventhal, Mullaney & Blinkoff, LLP. Steve is a familiar face to section members, having presented numerous ethics programs at our … Continued

Sponsored by the Section’s Ethics and Professionalism Committee Steve Leventhal is the managing member of the Roslyn general practice firm of Leventhal, Mullaney & Blinkoff, LLP. He serves as counsel to the boards of ethics of two counties, five towns, and two villages. Steve is a village justice and an arbitration chairperson for the Financial Industry Regulatory Authority (FINRA). Steve is second vice-chair of the NYSBA Local … Continued

I. The Critical Role of Energy Storage New York is transitioning its energy supply away from fossil fuels towards renewable resources. At the same time the state is decarbonizing, significant segments of its economy, particularly transportation and buildings, increasing the demand for electricity. But the reality of solar and wind—the primary alternatives pursued by the … Continued

A 2023 decision from the Second Circuit Court of Appeals substantially limits the ability of residents opposed to wireless projects to intervene in Telecommunication Act (TCA) cases challenging local permitting denials. And the broader case, including the District Court’s decision, provides strategic guidance for litigants in TCA cases regarding the benefits and risks of using … Continued

New York State’s congestion pricing scheme, perennially in the news but yet to get off the ground, is currently facing six legal challenges.1 Among the litigants is the state of New Jersey.2 The various lawsuits challenge the adequacy of the Federal Highway Administration’s (FHWA) environmental review of the program under the National Environmental Policy Act (NEPA), among … Continued

While New York State has exclusive oversight of cannabis licensing, municipalities retain significant interest in those businesses’ compliance with the law. This article addresses three points of interest for municipalities in cannabis licensing and operation. First, the operational requirements that licensees must follow to receive and maintain state approval. Municipalities will want to know how … Continued

Introduction The Marijuana Regulation & Taxation Act (MRTA) marked a transformational moment for New York State, allowing for the consumption and sale of adult-use cannabis products.1 Signed into law on March 31, 2021, the passage of the MRTA reflected a broader societal shift and nationwide trend toward embracing the medicinal and recreational use of cannabis, commonly … Continued

Martha Krisel was honored with the NYSBA Local and State Government Law Section Award for Excellence in Public Service at the 2024 Annual Meeting. Mindy L. Zoghlin, The Zoghlin Group, PLLC, shared the following highlights of Martha’s impressive three-decade journey in the public sector and her unwavering dedication to fair and equitable employment practices: As … Continued

I. Introduction “From being one of the most affordable places to live to one of the least, America’s first suburb now faces a harsh reality.”1 With critics calling Long Island’s land use regulations the “most restrictive in the country,”2 Long Island is confronted with a housing crisis that is forcing renters to live paycheck-to-paycheck—or compel them to … Continued