Legal Alerts

On May 15, 2023, the Honorable Robert A. Neary, Westchester County Supreme Court Justice, issued a Decision and Order in Nedelcu v. Town of New Castle, Index No. 60481/2022, reiterating the supremacy of the Westchester County Police Acts (“WCPA”) and Rockland County Police Acts (“RCPA”) over other general statutes in holding that the NYS Legislature’s 2019 amendments to the Town Law did not affect…

Effective June 27, 2023, the U.S. Legislature passed the Pregnant Workers Fairness Act (PWFA), which prohibits employment practices that discriminate against making reasonable accommodations for qualified employees affected by pregnancy, childbirth, or related medical conditions.[1]  Specifically, the PWFA declares that it is an unlawful employment practice to: Fail to make reasonable accommodations to known limitations of such employees unless the accommodation would impose an…

On July 6, 2023, the New York State Education Department issued a Formal Opinion of Counsel to address the holding of A.R. v. Connecticut Bd. of Educ., 5 F.4th 155 (2d Cir. 2021). In that case, the Second Circuit Court of Appeals found that Connecticut’s law providing that students must receive a free and appropriate education from a public school until “such child is graduated…

The provisions of the Real Property Tax Law (“RPTL”) pertaining to property tax exemptions for volunteer firefighters and ambulance workers have been amended. These amendments eliminate the requirement that these exemptions can only be extended by those municipalities authorized to do so by specific state legislation. Pursuant to these amendments, all local governments, school districts, and fire districts may do so through the enactment…

On March 31, 2021, Governor Cuomo signed the “Marijuana Regulation and Taxation Act” (the “MRTA”) to legalize recreational adult-use cannabis in New York State. Under Section 131(2) of the MRTA, towns, cities and villages are permitted to pass local laws and regulations governing the time, place and manner of the operation of licensed adult-use cannabis retail dispensaries and/or on-site consumption sites, provided such laws…

On April 9, 2022, Governor Kathy Hochul signed the State's fiscal year 2022-2023 budget bill into law. A copy of the budget bill can be found here. As part of the budget bill, the Social Services Law was amended to add new Section 367-w, which provides for bonuses to be paid to certain healthcare and mental hygiene workers. A copy of New York State Social Services Law Section 367-w (“Section…

Whose Flagpole is it, Anyway? In Shurtleff v. City of Boston, the Supreme Court has Ruled that Boston Impermissibly Denied a Private Group’s Request to Fly the Christian Flag. Public entities receive requests to place signs on public properties. Unlike private property owners who have discretion as to what message they wish to convey, public bodies are constrained by complex constitutional requirements that turn…

On April 9, 2022, Governor Hochul signed legislation allowing videoconferencing and remote participation in public meetings until July 1, 2024. This legislation was signed into law as Chapter 56 of the Laws of 2022 relating to the New York State budget for the 2022-2023 state fiscal year. The legislation was a last-minute addition to the New York State Budget and is located in Part…

The New York State Department of Health (NYSDOH) issued a supplemental guidance document and a FAQ to assist school districts in addressing issues relating to masking and testing protocols. The main takeaways from these two (2) documents for school districts are as follows: Removal of Mask Mandates for Schools The guidance document clarifies that the mask mandate is lifted in all areas of schools…

On October 19, 2021, Governor Hochul signed legislation amending the Open Meetings Law (NYS Public Officers Law, Article 7). This legislation amends Public Officers Law Section 103(e) to require documents that are going to be discussed at a public meeting to be made available upon request or posted on the local government’s website at least 24 hours prior to the meeting. The amendment will…