Welcome to the Fall/Winter 2011 edition of "Report from Counsel," a Newsletter for the Firm's clients and the other professionals who consult with the Firm, updating them on our practice as well as important new developments in the law.

Out & About

     Chris Coschignano was selected to nominate Supreme Court Justice Anthony L. Parga of Syosset for re-election at The Tenth Judicial District Nomination Convention for Republican Justices. Chris noted that nominating Judge Parga was one of the highlights of his political and legal career.

     Dan Baker and Michael Sahn continue to serve as Co-Chairs of the Nassau County Bar Association Real Property Law Committee. In that role, Dan and Michael conduct monthly meetings and Continuing Legal Education seminars attended by members of the legal community interested in discussing the latest issues and trends in real property law. Guest speakers and topics have included discussions on residential foreclosures, adverse possession and boundary line issues, landlord/tenant disputes and real estate transactional issues.

     On September 26, Michael Sahn joined a distinguished panel of speakers in a program entitled �Best Practices for Public Hearings.� The program was sponsored by Hofstra�s Institute of Real Estate Studies to provide training for municipal planning and zoning officials. Other panelists were Martha Kriesel, Chief Deputy County Attorney for Special Projects, Office of the Nassau County Attorney, David Paul Weiss, Esq., Chairman, Town of Hempstead Board of Appeals, Kevin McAndrew, Cameron Engineering & Associates, LLP and Steven Leventhal, Esq., Leventhal, Sliney and Mullaney, LLP. Supervisor Mark Lesko of the Town of Brookhaven was the keynote speaker.


Michael Sahn at the Hofstra Real Estate Institute Best Practices Program

     Environmental law partner Miriam Villani has contributed a chapter for the definitive treatise on environmental law in New York State, Environmental Law and Regulation in New York (West�s New York Practice Series). Miriam, a highly respected environmental lawyer in New York State, authored a chapter on the law pertaining to hazardous waste management. She has contributed to the chapter on pesticides and herbicides in previous editions.

     Associate Jason Kaplan was prominently featured in the Spring 2011 issue of The New York Environmental Lawyer, the journal published by the Environmental Law Section of the New York State Bar Association. The article notes his involvement in some of the most current and complex environmental issues in the region, including the cleanup of the Lower Passaic River Site Area, and matters concerning managing environmental risks through contractual language. In addition to his strong legal skills, Jason is committed to networking as a means of achieving personal success and recognition for the Firm. He is very active in several different areas of the NYSBA and is a member of the Young Professionals Group of the Nature Conservancy, where his efforts are directed towards developing membership and increasing advocacy of the Conservancy�s mission. In his spare time, Jason studies and performs improvisational comedy in New York City with a theater group. To read the article, click here.

     Adam H. Koblenz has taken a leadership role with the Children�s Medical Fund of New York. Adam was instrumental in organizing a holiday shopping event to take place on December 8th at the Americana Manhasset, in conjunction with Intermix, a high-end women�s clothing store, to raise money for pediatric services at the Cohen Children�s Medical Center of New York. Ten (10%) percent of all proceeds for this event will benefit CMF. Adam has been involved with CMF for several years, and we congratulate him on his dedication and continued commitment.

     On October 17, Tom McKevitt conducted a seminar entitled �How Public Officials Get Sued � and How to Avoid the Ordeal� to nearly 200 building inspectors for the Building Inspectors Association of Nassau County (BIANCO).

     On October 18, Jason Kaplan moderated a panel entitled �The Economics of Going Green� at the HSBC National Center for Economic and Financial Education in Manhattan. The panel discussed sustainability, economics, and education, generally. More specific topics included carbon neutral solutions, environmental management systems, site assessment procedure for soil and ground water testing, the latest in harnessing wind and solar energy, the showcasing of analytical software to assess a property�s wind resources, solutions for climate change, innovations and incentives for cleaner energy, and other ways to integrate economics and science to make Earth Science and the Environmental Science Advanced Placement courses relate more closely to today�s world. In addition to Jason, panel members included Jackrit Watanatada of KJK Climate Investments, Michael Carim of First Environmental, and Chris Cavanagh of National Grid.

     On November 14, Tom McKevitt presented on the topic of �Zoning and Noise Regulations in Regard to Animals� at the Nassau County Bar Association as part of a program entitled �Interaction Between Animal Law and Municipal Law.�

     For the second year, the Firm was the Presenting Sponsor of the annual Supervisor Venditto�s 5K Run, held on Saturday, October 15. Supervisor Venditto�s 5K Run kicks off the 28th annual Oyster Festival and is conducted under the auspices of the Town of Oyster Bay Department of Parks. Race management services are provided by the Greater Long Island Running Club (GLIRC).

     For the fourth year in a row, the Firm participated in the Marcum Workplace Challenge. This year, we were also proud to be a sponsor of this ever-growing corporate fundraising event. More than 6,400 walkers, runners, friends and family members from nearly 200 professional firms and companies gathered for an evening of friendly competition and fun at Jones Beach. Jason Horowitz came in first of all of our runners in the 3.5 mile run, with a remarkable time of 21:50, a new personal best. We are proud to report that both the men�s team and the women�s team took first place in a competition among all law firms participating in the event, known as the Legal Challenge. Our men�s team had an outstanding performance, ranking 14th out of a total field of 111 men�s teams, with a team finish time of 1:15:34. Our women�s team was equally impressive, coming in sixth out of a field of 55, with an overall time of 1:25:14. Our mixed men�s and women�s team came in at 27th place, out of a field of 53 mixed teams. Congratulations to all the members of our Firm who participated.

Click on any image below to view the enlarged images:


Chris Coschignano, Michael Sahn, Daniel Baker and Jon Ward


Group photo SWCB
Marcum Workforce Challenge


Michael Sahn, Adam Koblenz
and John Christopher

     The Firm was proud to be a sponsor of this past summer�s �Music Under the Stars� concert series, presented by the Town of Oyster Bay at parks and beaches throughout the Town.

     Dan Braff has become an active member with the New Leadership Division of North Shore-Long Island Jewish Health System. Dan was instrumental in organizing NLD�s annual �Chefs Cook For Kids� event which raises money for pediatric services at the Cohen Children�s Medical Center of New York. This year�s event was well attended, and the Firm is proud of Dan�s leadership in this event.

     The Firm was proud to be represented by Jason Kaplan at Kellenberg Memorial High School�s College Fair, held in Uniondale. Jason is a dedicated Colgate alumnus and was pleased to share his own experience with the students, candidly discussing his career path and his experiences at Colgate University. We applaud Jason�s generosity and are sure that the students he spoke with received valuable insight and guidance regarding their future. Additionally, Jason recently represented the New York State Bar Association Environmental Law Section at New York Law School. Jason explained the virtues of membership in the Environmental Law Section for law students and recent law graduates. Jason shared his own experiences and advice to assist in the students� future law career paths.

     Michael Sahn has joined the Paralegal Studies Program Advisory Committee, headed by Judge McCabe, Special Counsel to the Firm, at Hofstra University's School of Continuing Education. With Judge McCabe, he will take an active role in ensuring the continued high quality of the program, which attracts about 100 students every year.

     John Christopher has become an active member with the New York State Bar Association�s Young Lawyers Section (�YLS�), serving on its Executive Committee as the District Representative for the Tenth Judicial District. Recently, John attended the Fall meeting of the YLS in Albany, where aside from participating in the general business of the YLS, he attended a private tour of the New York Court of Appeals with the Executive Committee, where they had the privilege and honor of meeting and speaking with Chief Judge Jonathan Lippman and Associate Judge Victoria A. Graffeo.

     Jason Horowitz ran in the New York City marathon held on November 6, 2011. In conjunction with the race, Jason raised money for the NYC Chapter of the Leukemia and Lymphoma Society as part of its Team In Training program. The Firm applauds Jason on this tremendous accomplishment.

     Touro Law Center's Office of Development, Alumni Relations and Communications recently announced that Joseph Rosenberg �87 has been selected as the alum of the month for October 2011. Mr. Rosenberg remains engaged with the law school as a member of the Alumni Association Executive Board, Alumni Council, special event committees, and attends a number of law school events and programs. On behalf of the Firm, we extend our congratulations to Joseph Rosenberg. To read Joseph�s complete biography, please visit the Attorney Profile section of our website.

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Table of Contents

Cover Page

New Developments at the Firm

New Developments in the Law

Directors and Officers Liability and the Fiduciary Duty Owed to the Corporation and its Shareholders Under New York Law

�Greening� New York State and Local Building Codes

Even Substantial Area Variances Are Warranted Under The Statutory Balancing Test When There Is No Detriment To The Surrounding Community

Matters of Interest at the Firm

Out & About

Up Close & Personal

In Memoriam

_____________________

Firm Partners

Michael H. Sahn
msahn@swcblaw.com

Jon A. Ward
jward@swcblaw.com

Chris J. Coschignano
ccoschignano@swcblaw.com

Daniel J. Baker
dbaker@swcblaw.com

 Miriam E. Villani
mvillani@swcblaw.com

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