Welcome to the Spring/Summer 2012 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.

Matters of Interest at the Firm

     The Firm is pleased to have represented The Hain Celestial Group, Inc. as zoning and land use counsel in connection with its move to new corporate headquarters. Michael Sahn, as Lead Counsel, provided guidance on the land use negotiations and approvals involved in establishing their new offices in approximately 86,100 square feet at 1111 Marcus Avenue, Lake Success.

     The Firm’s Litigation Department continues to expand under Jon A. Ward’s supervision and leadership. In recent months, the Firm has handled highly complex commercial matters involving cutting edge areas of the law, which include, a potential class action lawsuit, which involves arbitration issues under the Federal Arbitration Act that have been the subject of recent rulings by the United States Supreme Court; securities litigation implicating breach of fiduciary duty claims involving creditors; Federal Fair Labor Standards Act and New York Labor Law claims; partnership disputes regarding voting agreements; construction law and lateral support; adverse possession; complex mortgage foreclosures and environmental contamination.

     Partner Daniel Baker represented national retailer Costco Wholesale Corp. at a public hearing concerning an application before the Hempstead Town Board to install a gasoline station at a Costco store in Lawrence, Nassau County. If approved, the Lawrence store will be the first gasoline station installed at a Costco warehouse store on Long Island. The national retailer currently has seven stores, or “clubs” on Long Island. Dan was quoted in a Newsday article concerning the application. To read the Newsday article, click here.

     Wayne Edwards has represented a national fitness business, SoulCycle®, before the Board of Zoning Appeals of the Town of North Hempstead to obtain the necessary approvals for a large and unique sign that will be prominently displayed at the spin studio's first location in Nassau County. The sign, in the shape of a large bright yellow bicycle wheel, will be affixed to the building which is located on the South Service Road of the Long Island Expressway at Willis Avenue in Roslyn Heights. The building, formerly home to a ski store, is being repurposed and will house the SoulCycle® center and an upscale spa and salon. SoulCycle® is the first tenant in the building, which is visible from the Long Island Expressway. SoulCycle® is a growing fitness company that has transformed spin classes. Studios are located throughout Manhattan and Los Angeles, in Westchester and on Long Island's East End.

     Dan Braff continues to serve as land use and zoning counsel on projects throughout New York City, including a highly publicized application of great community interest for variances with the New York City Board of Standards and Appeals for a new house of worship in Queens. In the second year of his appointment, Dan continues to serve as a committee member on the Land Use Planning and Zoning Committee of the New York City Bar Association. In addition, the firm recently released the first edition of the Real Estate and Zoning Law Bulletin, which included a piece written by Dan focusing on area variances in New York City. Click here to read the Real Estate and Zoning Law Bulletin.

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Uniondale, New York 11553

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Table of Contents

Cover Page

New Developments at the Firm

New Developments in the Law

Beyond Smart Growth:
New Urbanism

Suffolk County Land Bank and Brownfield Redevelopment

NYS Legislature Adopts New
Law to Allow More Flexibility in Granting Extensions of Time to Complete Requirements of Conditional Approval of Final Subdivision Plats

Matters of Interest at the Firm

Out & About

Up Close & Personal


Firm Partners

Michael H. Sahn

Jon A. Ward

Chris J. Coschignano

Daniel J. Baker

 Miriam E. Villani

Wayne G. Edwards

Brian S. Stolar

Andrew M. Roth

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