Commercial Properties: Leases, COVID-19 And Force Majeure
To gain expert advice on how force majeure and impossibility or impracticality to perform impact commercial leases as a result of COVID-19, John A. Viteritti, of Hamptons.com, spoke with Joan Morgan McGivern, of Counsel with the firm. Learn More
Village of Sag Harbor Has Enacted A 6 Month Moratorium on All Site Plans, Special Exception Use Permits, and Subdivision For Properties On and Near The Waterfront Area
PUBLIC NOTICE LL # 7 of 2020 Waterfront Moratorium[2] PLEASE TAKE NOTICE that the Board of Trustees of the Village of Sagaponack on the 16th day of November, 2020 adopted the following Local Law: LOCAL LAW NO. 4 OF 2020 A LOCAL LAW ENACTING VILLAGE CODE § 30-15(F) BE IT ENACTED BY THE BOARD […]
Appellate Division Updates
By: Jennifer Nigro, Esq. As of Monday, May 4th, the Appellate Divisions will permit new notices of appeal to be filed either electronically through NYSCEF. The First and Second departments have their own current rules and procedures regarding deadlines and submissions as follows: The First Department (which covers cases in Manhattan […]
Two New Executive Orders Issued By Governor Cuomo
On April 24th, Governor Cuomo issued Executive Order 202.23 (EO 202.23) which, among other things, (a) addresses absentee ballots for primary or special elections to be held on June 23, 2020, and (b) addresses the authority of the Commissioner of Health to suspend or revoke operating certificates of skilled nursing facilities: EO 202.23 – Through […]
U.S. IMMIGRATION DURING COVID-19 – WHAT YOU NEED TO KNOW
By, Katerina Grinko, Esq. PROCLAMATION SUSPENDING ENTRY OF CERTAIN FOREIGNERS INTO THE U.S. On Wednesday, April 22, 2020 President Trump signed a Proclamation Suspending Entry of Immigrants Who Present Risk to the U. S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak. The highly anticipated President’s order suspends certain foreigners’ ability to enter […]
Christopher Kelley, Esq. Comments on Coronavirus’ Effect on the Real Estate Market
Christopher Kelley, Senior Partner, Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, says the coronavirus pandemic has had a tremendous impact on all aspects of the real estate market — from sales to closings to mortgage payments. One way the real estate industry has changed, Mr. Kelley says, is how showings and open houses are […]
LEGAL UPDATE: Three New Executive Orders From Governor Cuomo as of April 20, 2020
By Jennifer Nigro, Esq. Three new executive orders from Governor Cuomo as of April 20, 2020 Labor and Public Health – Executive Order 202.19 Labor law – NYS Warn Act – suspended to delay the issuing of a notice required from businesses that receive federal Paycheck Protection Program funding who then subsequently rehire employees, as […]
IS THE EAST END REAL ESTATE BUYING SEASON A SURVIVOR OR CASUALTY OF COVID-19?
By: Christopher Kelley, Esq. The COVID-19 emergency has created a number of unique issues in the Real Estate industry from sales and rental transactions to closings and even payment of rent and mortgage payments. At this time we summarize what information we have and how the industry, particularly on the East End, has been affected […]
Statutes of Limitations Further Extended to May 15, 2020
By Jennifer P. Nigro, Esq. New York On Pause has been extended through May 15, 2020. On April 16, 2020, Governor Cuomo issued Executive Order Number 202-18 (EO 202.18), which further extends the Governor’s March 7, 2020 Executive Order 202, and its subsequent extensions including: Executive Order 202.8 (EO 202.8), which tolled statutes of limitations […]
UPDATE: Appellate Divisions, First and Second Departments
By Kathryn Dalli, Esq. First Department With respect to deadlines to file briefs in the Appellate Division: First Department, the Court has advised that, in accordance with Governor Cuomo’s Executive Order of April 7, 2020 (E.O. 202.14), respondent and reply briefs that were due for the May and June Terms should be filed no […]
UPDATE: Court Protocols and Procedures Effective 4/13/20
by Kathryn Dalli, Esq. Pursuant to the Administrative Order of the Chief Administrative Judge, dated April 8, 2020, the courts are expanding non-essential trial court functions to include the following, effective April 13, 2020: 1. Conferences in Pending Cases: In matters capable of being advanced or resolved through remote court conferencing, the courts can […]
UPDATE: Family Court, Surrogate’s Court and Matrimonial Matters
by Peter Mott, Esq. As of April 9, 2020 Family Court Matters: The Family Court is operating from Central Islip only and only on an emergency application basis, which are limited to: (1) child protection matters which involve removal applications; and (2) emergency family offense petitions (for temporary orders of protection). The Family Court is physically […]
UPDATE: Federal Court for the Eastern District of New York (EDNY)
By Jennifer Nigro, Esq. The courthouses in Central Islip and Brooklyn are open, but, access is limited to the following: • persons ordered to appear by any judge of the EDNY; • debtors and creditors with case-related business before the Bankruptcy Court; • government employees authorized to appear by their employer; • defendants […]
UPDATE on Status of Operations for Southern District of NY (SDNY)
By Jennifer Nigro, Esq. The status of Court operations for the Southern District of New York (SDNY) from April 13th through May 4th, 2020 is as follows: The SDNY has limited activity at its three courthouses. In Manhattan, the Daniel Patrick Moynihan Courthouse at 500 Pearl Street/200 Worth Street is open but only for […]
UPDATE From April 9 for NY-ESCD’s Guidance on Essential Businesses
SAMPLE Paycheck Protection Program (PPP) Application
Paycheck Protection Program (PPP) Information
Revised Virtual Courtroom Protocols for Nassau County
OFFICE OF THE ADMINISTRATIVE JUDGE 10TH Judicial District – Nassau County MEMORANDUM To: Nassau County Legal Community From: Hon. Norman St. George, District Administrative Judge Date: April 1, 2020 RE:Revised Virtual Courtroom Protocols for Nassau County First and foremost, it is my sincere hope that this message finds you and your families safe and healthy. […]
Update on Consolidated Operations and Plans for Virtual Courts
Re: Update on Consolidated Operations and Plans for Virtual Courts Dear Suffolk County Legal Community, I would like to extend my thanks and appreciation to the entire Suffolk County legal community for your incredible cooperation and support during this unprecedented time. The New York State Courts are making every effort to provide essential justice services […]
What does the “Coronavirus Aid, Relief, and Economic Security Act” or the “CARES Act” Provide to Small Businesses?
What does the “Coronavirus Aid, Relief, and Economic Security Act” or the “CARES Act” Provide to Small Businesses? By Bryan Drago, Associate March 29, 2020 As a Long Island based firm we service many small businesses that have seen devastating loss of revenue during this social distancing period. We will be closely monitoring the available governmental assistance and providing […]
UPDATE: GUIDANCE FOR DETERMINING WHETHER A BUSINESS ENTERPRISE IS SUBJECT TO A WORKFORCE REDUCTION UNDER RECENT EXECUTIVE ORDERS
U P D A T E D: M A R C H 2 7, 2 0 2 0 a t 1 1 : 0 0 A M ESSENTIAL BUSINESSES OR ENTITIES, including any for profit or non-profit, regardless of the nature of the service, the function they perform, or its corporate or entity structure, are […]
Families First Coronavirus Response Act
Small and midsize employers can begin taking advantage of two new refundable payroll tax credits designed to immediately and fully reimburse them, dollar-for-dollar, for the cost of providing COVID-19-related leave to their employees. This relief to employees and small and midsize businesses is provided under the Families First Coronavirus Response Act (Act). The act gives […]
Important: SBA Loan Application Process
SBA Loan Application Process We are working diligently to provide updates on the CARES Act as information becomes available. In particular, we have been fielding many questions about the application process and required documentation. While there may be additional requirements as part of the qualification process for a 7(a) loan, we believe that the following […]
Update from New York: Empire State Development
FREQUENTLY ASKED QUESTIONS FOR DETERMINING WHETHER A BUSINESS IS SUBJECT TO A WORKFORCE REDUCTION UNDER RECENT EXECUTIVE ORDER ENACTED TO ADDRESS COVID-19 OUTBREAK If your question is not answered below, please contact ESD at our website at: https://esd.ny.gov/covid-19-help QUESTIONS AND ANSWERS GENERAL BACKGROUND: 1. QUESTION: What is Executive Order 202.8? ANSWER: Executive Order 202.8 […]
Business Interrupted? Part II: What if There is No Force Majeure Clause: Other Responses to COVID-19 Contract Breaches
By Joan M. McGivern, Counsel Business Interrupted? Part II: What if There is No Force Majeure Clause: Other Responses to COVID-19 Contract Breaches With companies across the country and the world facing business interruptions from the Coronavirus (COVID-19), it is time to take stock of your existing contracts. But what if the contract has no force […]
Business Interrupted? Part I: Is the Coronavirus a Force Majeure Event?
By Joan M. McGivern, Counsel With companies across the country and the globe facing business interruptions from the coronavirus (COVID-19), it is time to take stock of your existing contracts. Which contracts will result in nonperformance and why? Will your company be the nonperformer or dealing with a nonperformer? What should your company do […]
Administrative Order of the Chief Administrative Judge of the Courts
Twomey Latham Attorney Lorraine Paceleo Comments on Three-Month Delay of Tax Filing Deadline
In response to the coronavirus outbreak and in an effort to ease people’s financial worries, U.S. Treasury Steve Mnuchin announced that the deadline to file income tax returns has been pushed back three months. Lorraine Paceleo, Attorney, Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP, says this will provide individuals and business owners the help […]
Partner, Jeffrey W. Pagano Comments on the Latest News From Gov. Cuomo
Jeffrey W. Pagano is the Partner in charge of our Labor & Employment Practice. Thursday, March 19, 2020, Governor Cuomo amended his recently issued Executive Order No. 202.6 to mandate that businesses and not-for-profit entities reduce their in-person workforce by 75 percent, no later than Friday, March 20, 2020 at 8:00 pm. Due to the […]
