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Archive by tag: P.C.Return

Town of East Hampton ZBA Denial of 9.8 Foot Setback Variance for a Patio is Upheld by Appellate Division, Second Department

In July of 2016, Lisa and Robert Gerbino (hereinafter “Gerbinos”) made an application to the Town of East Hampton Zoning Board of Appeals (“ZBA”) for setback relief to allow an existing patio that was built without a permit to remain 10.2 feet from the southern property line where 20 feet is required at their property located at 3 Old Station Place, Amagansett....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Oct 27,2020 |

Are you selling your business or merging? … Not so fast, if you are a PPP borrower.

Although the U.S. Small Business Administration (“SBA”) has started its program to forgive loans made to businesses under the Paycheck Protection Program (“PPP”), PPP borrowers and their lenders are cautioned to comply with a recently issued procedural notice relating to a change of ownership of a PPP borrower....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Oct 20,2020 |

Driving Revenue And Deal Flow Through An Intelligent IP Strategy: Strategies For Smaller And Early-Stage Life Science Companies. Part III: Choosing The Right Transaction

Part I described various strategies to help smaller and early-stage life science companies establish an intelligent IP strategy and Part II described various strategies used when preparing for a transaction. In this Part III, we discuss the various relevant factors for choosing the right transaction......By: Adler Pollock & Sheehan P.C.
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Flag on the Play for Illegal Procedure: Necessary Parties and the Pitfalls of Nonjoinder

Failure to name a necessary party when challenging a land use determination may result in dismissal, and leave a challenger without further recourse. CPLR 1003 provides that the nonjoinder of a party who should be joined under CPLR 1001 (i.e. a person ought to be a party if he or she might be inequitably be affected by a judgment in the proceeding), is a ground for dismissal without prejudice....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Oct 19,2020 |

SBA Issues Key Guidance on Change of Ownership for PPP Loan Recipients

The Small Business Administration (SBA) recently issued a Procedural Notice (the Notice) containing details about the required procedure that Paycheck Protection Program borrowers (PPP borrowers) must follow when engaging in a transaction that involves a change of ownership....By: Chambliss, Bahner & Stophel, P.C.
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SBIR Policy Directive Update Preserves Government Contracting Benefits in Acquisition

The policy directive for the Small Business Innovation Research and Small Business Technology Transfer programs (collectively, “SBIR”) will be updated, effective October 1, 2020, to ensure that SBIR contracting benefits for participating firms are preserved, even if the participating entity pursues a merger or acquisition. This policy clarification is beneficial to SBIR firms who are considering or may in the future consider being acquired......By: Rothwell, Figg, Ernst & Manbeck, P.C.
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Construction Contractors Ramping Up Diversity Efforts

In the aftermath of the killing of George Floyd and the resulting Black Lives Matters protests, many companies, including construction companies, issued public statements decrying racism and asserting their support for improvements in diversity and inclusion in their companies, their industry, and the country......By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Sep 21,2020 |

NLRB Construction Rule Change Closes Union-Recognition Loophole, But Avoids Remedying Past Wrongs

Among the many rule changes recently announced by the National Labor Relations Board (NLRB) was one specifically limited to construction industry employers — and will prospectively rectify a 20-year interpretation that ran roughshod over the rights of employees and employers......By: Jackson Lewis P.C.
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Jackson Lewis P.C. | Sep 21,2020 |

State and County Laws Require Oversight of Certain Local Land Use Decisions

As a “home rule” state, New York’s zoning and other land use decisions are typically made at the village, town, or city level.  However, Section 239-m of the General Municipal Law (GML) requires a referral to, and a subsequent recommendation by, the local county planning commission for certain local land use actions that might affect the interests of other jurisdictions....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Sep 14,2020 |

Supreme Court Upholds Village of Southampton Zoning Board of Appeals Determination

Applicants sought to subdivide two lots located at 550 Hill Street and 554 Hill Street in the Village of Southampton into three residential lots with a 25 foot wide access easement along the southerly side of an adjoining property to provide access to one lot from Captains Neck Lane. The two lots proposed to be subdivided are long and narrow lots comprised of 23,070 square feet and 48,284 square feet respectively, located in a split zoning district (R-40 and R-120)....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Sep 08,2020 |
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