News

On April 3, 2021, Governor Andrew Cuomo signed into law the State Budget for Fiscal Year 2021 (the “Budget”).[1]  The Budget includes two significant amendments to the provisions of the Real Property Tax Law (“RPTL”) governing taxation of solar, wind, or other renewable energy systems (“Energy Systems”), which primarily impact: (1) the substance of a developer’s pre-construction notice to taxing jurisdictions; (2) the taxing jurisdiction’s [...]

Whiteman Osterman & Hanna attorneys Robert Sweeney, Tom Shepardson, Rob Rosborough and Gabriella Levine, recently obtained a favorable decision from the Appellate Division, Third Department, which reversed in its entirety a trial court order that had annulled a site plan approval for a mixed use residential project and the State Environmental Quality Review Act review of a proposed Costco Wholesale facility in the Town of Guilderland adjacent to Crossgates Mall.In a comprehensive 18-page [...]

Whiteman Osterman & Hanna co-managing partner John J. Henry and associate Gabriella R. Levine, members of the Firm’s litigation and appeals practice, and partner and general counsel Daniel A. Ruzow, recently obtained a favorable decision from the Appellate Division, Third Department, upholding the zoning power of municipalities in Long Island to regulate and prohibit changes and expansions to sand and gravel mines in counties that draw their drinking water from Long Island’s sole [...]

In a huge win for preservation of the New York State Forest Preserve for generations to come, the New York Court of Appeals this morning held that the State’s destruction of thousands of trees to build snowmobile trails throughout the Adirondack Park violates the Forever Wild clause of the New York Constitution. The Court made clear that the People of this State must be permitted to decide when large development projects will be allowed to move forward in the Adirondacks.As the Court of [...]

On March 31, 2021, Governor Andrew Cuomo signed legislation (S.854-A/A.1248-A) legalizing adult-use cannabis in New York State. Under the Marijuana Regulation and Taxation Act (MRTA), New York joined the majority of states that have loosened restrictions on use of marijuana – whether by allowing medicinal use, decriminalization, or fully legalizing the drug. New York is the 16th state to “fully legalize” the drug, while others offer less generous measures.Change is in the air. [...]