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In its recent decision in Troy Sand & Gravel Co., Inc. v. Town of Nassau, 125 A.D.3d 1170, __N.Y.S2d__, 2015 WL 685968 (3d Dept. 2015) the Appellate Division, Third Department held that the Town of Nassau, having zoning authority with respect to a special permit and site plan review over a proposed mining operation could not gather additional information regarding the environmental impacts of a proposed quarry.  The critical facts leading to the Court’s holding…
Today, my colleague Marc Herman writes a follow up to his post on October 27th regarding wellness programs. Continuing its publically waged war against wellness programs, the EEOC has, once again, dragged another employer into the litigation minefield of the Americans with Disabilities Act. This time, Honeywell, Inc.––a Minnesota-based technology manufacturer––has, excuse the pun, got itself into a sticky situation, becoming the most recent, yet presumably not the last, victim of this purge. The alleged…
Company data breaches are becoming far too common.  Today, my colleague Jarad Lucan talks about the steps company’s need to take, both pre and post-breach.  If your company has a unionized workforce, you may need to adhere to additional duties. As we have reported in the past (the very recent past), it seems like there is a new headline regarding a company data breach almost daily (at the very least, weekly).  For instance, this week…
In 2000, Plaintiff Steven Sherman applied to the Town of Chester Planning Board for subdivision approval while in the process of purchasing nearly 400 acres for $2.7 million dollars. According to the Second Circuit Court of Appeals in its recent decision in Sherman v Town of Chester, 752 F3d 554 [2d Cir 2014], “[t]hat application marked the beginning of his journey through the Town’s ever-changing labyrinth of red tape.” The short version of the…
If an applicant is aggrieved by decision of their local zoning board, he or she may request a rehearing of the application.  It is commonly thought that a zoning board can only rehear an application if there are new facts or a change of law.  This assumption in not entirely correct, however, and does not stem from the Town Law provisions relating to zoning board procedures. Town Law §267-a(12), which addresses the rehearing process simply…
On February 14th, the Court of Appeals decided Sunrise Check Cashing and Payroll Services, Inc. v. Town of Hempstead, – – N.E.2d – -, 2013 WL 530640 (N.Y.), 2013 N.Y. Slip Op. 00949 (Feb. 14, 2013).  At issue was a provision of the Town of Hempstead Building Zone Ordinance (“BZO”) which prohibited check cashing establishments in districts other than the Town’s industrial or light-manufacturing districts.  The ordinance in question, Section 302(K) of the BZO, legislated…
In a recent decision, Sunrise Check Cashing and Payroll Services, Inc. v. Town of Hempstead, 91 A.D.3d 126, 933 N.Y.S.2d 388 (2d Dept. 2011), the Appellate Division, Second Department, invalidated Section 302(K) of the Town of Hempstead Building Zone Ordinance (“BZO”) based on the doctrine of conflict preemption. Section 302(K) of the BZO was adopted by the Town of Hempstead on January 10, 2006.  That section restricted the location of check cashing establishments to only industrial…