NY Appellate Court Rules that Lawsuit Challenging “House of Worship Law” was Timely Filed and Sufficiently Alleged SEQRA Violations

This post was authored by Amy Lavine, Esq.

The NY Appellate Division, Second Department, issued a pair of SEQRA decisions in March, 2023 involving the Village of Chestnut Ridge’s 2019 “House of Worship Law,” which sought to allow additional gathering places and houses of worship in residential districts.

in the first case, Matter of Kogut v Village of Chestnut Ridge, 2023 NY Slip Op 01283 (2d Dept. 3/15/23), the court held that the petitioners were timely in filing the proceeding pursuant to the savings provision of CPLR 205(a). The court found that the requirements in that section were satisfied

NY Lower Court Finds that Local Law to Promote Affordable Housing was Improperly Adopted Because of Inadequate SEQRA Review

This post was authored by Amy Lavine, Esq,

A recent decision from the Suffolk County Supreme Court, Matter of Save Sag Harbor v Village of Sag Harbor, involving the village’s adoption of a local law that expanded the definition of an apartment building in order to allow more affordable housing. The village attorney had drafted a negative declaration pursuant to SEQRA, which was given to the village board members at the public hearing, but there was no discussion by the board members or public commenters about the law’s potential environmental impacts.

After closing the public hearing, the board simultaneously

NY Appellate Court Affirms Dismissal of Challenge to Town Board’s Historic Preservation Determination

This post was authored by Tyler Doan, Esq.

Petitioner, the owner of a historic theater, with an adjacent property owner, challenged the Town of Hempstead Town Board’s determination of the Petitioner’s theater as a historic landmark. The Supreme Court denied and dismissed portions of the petition and proceedings which were pursuant to CPLR Article 78. The petitioners appealed. The Appellate Division of the Second Department affirmed the Supreme Court’s decision.

The Petitioners challenged the Town Board’s determination on three grounds. First, the Petitioners stated that the determination must be set aside because the Town Board failed to call a public

Montgomery County primary election for commissioner upended ‘party politics as usual’ for Democrats

The Montgomery County Democratic machine isn’t broken. But it may need some maintenance work.

Attorney Neil Makhija of Lower Merion, who pushed for a contested primary election in the commissioners’ race over the objections of party leaders, won a spot on the ballot in November’s general election.

Commissioner Jamila Winder, who had the party’s endorsement, won the most votes and will run on a ticket with Makhija in the general election. But after years of carefully orchestrated local campaigns, Makhija’s victory Tuesday in a messy five-candidate primary disrupted party leaders’ plans for an orderly candidate selection process. The party’s system

Defense attorney: Not all has been revealed about what led to Cleveland mass shooting

HOUSTON (AP) — Attorneys for the man accused of killing five of his neighbors after storming into their Texas home suggested on Thursday that not all has been revealed about what led up to the deadly shooting and that the suspect was someone who was generous and well -liked.

Francisco Oropeza, 38, made his initial court appearance Thursday following his arrest May 2 after a four-day manhunt. He is facing five charges of murder for the April 28 shooting deaths in a rural neighborhood in Cleveland, located 45 miles (72 km) northeast of Houston. Authorities allege Oropeza, after being asked

Defense attorney crisis ‘band-aid’ is failing. Tri-Cities pleaded for WA state to help

A West Richland man was back in Franklin County jail two days after being released by a judge because he didn’t have an attorney.

Kurt Painter, 28, was arrested Thursday shortly after 12:30 pm on suspicion of residential burglary after he was found in a Pasco garage trying to break into a car.

Painter was one of the first people to have his bail cut because of the shortage of attorneys to handle public defense in the county. Officials already announced a Friday news conference to address the need for help before Painter was arrested again.

The issues around the

Attorney for former Marine charged with killing NYC homeless man expects autopsy ‘will be revealing’

The attorney for the former Marine who has been charged in the killing of a homeless man on a New York City subway said he expects that the man’s autopsy “will be revealing” for the situation.

Thomas Kenniff, who is representing 24-year-old Daniel Penny, told radio talk show hosts John Catsimatidis and Rita Cosby on WABC’s “Cats & Cosby” on Friday that he has not yet obtained a copy of the autopsy performed on Jordan Neely, a 30-year-old subway performer who died after Penny placed him in a chokehold.

Neely lost consciousness while in the chokehold and was later pronounced

Tiger Woods’ attorney says Erica Herman is ‘jilted’ ex-girlfriend’ with meritless claims

An attorney for Tiger Woods filed court documents Monday that said Woods’ ex-girlfriend, Erica Herman, is not a victim of sexual assault or abuse but is instead a “jilted ex-girlfriend” who wants to publicly litigate “special” claims in public court.

The attorney, JB Murray, filed the documents in response to two lawsuits Herman has filed against the famed golfer and the trust he established for his mansion on the Treasure Coast of Florida.

Herman sued the trust after her breakup with Woods in October, claiming more than $30 million in damages and stating she had an oral tenancy agreement with