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Greetings!
I hope you are enjoying a relaxing
summer. While Lauren and I escaped
for an
overdue vacation, the office has been
busy. Our practice enjoyed
its strongest
month ever in June and I'm grateful to the
individuals
and businesses who value our relentless
advocacy
for our clients.
Summer is the ideal time to
take a "legal
inventory." I've
included some questions below for small
businesses to think about.
If you anticipate a legal problem on the
horizon it
always smarter and cheaper to deal with
it early.
Promptly engaging counsel stops
business disputes
from turning into lawsuits.
As always, please feel to contact
me on any
matter of interest. Best wishes for a
restful remainder of summer.
Ryan S. Karben
| This Summer, Get Your Legal House in Order |
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Whether you are a medium size
corporation, small
business or an individual, it's never
pleasant to
think about potential legal exposure.
Most people don't realize they are
exposed until there
is an accident, lawsuit or
personal
tragedy.
Small businesses are particularly
vulnerable, often choosing not to invest
in qualified counsel and using on-line
legal
forms. If you run a small
business,
ask yourself
the following questions:
- Am I properly incorporated to shield
myself from
personal liability? Do I know where my
corporate
records are? Do I hold the required
corporate
meetings to prevent a claim that my
corporation is a legal
fiction?
- Do I have written agreements with my
suppliers?
Do I have copies of contracts I
signed years ago?
- What training do I provide my
employees? Do I
have written safety policies? Do I
conduct training in
sexual harassment and workplace
violence?
- Are my advertising materials
trademarked? Have I
copywrited any written material? Has my
attorney
reviewed my customer policies, including
refunds and
guarantees?
- Do I have standard terms and
conditions attached
to my transactions? Have I updated them
to reflect
changes in the law?
If you have a question about
putting your legal house in order, feel free
to contact us.
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| ZAKA to Honor Karben in Capitol Hill Ceremony |
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ZAKA, the all-volunteer
organization responsible for
emergency medicine and remains
recovery at terrorist
attacks in Israel, will honor Ryan Karben
in a Capitol
Hill ceremony in mid-
September.
Karben wll receive the Defender of Israel
Award.
The ceremony in the House Caucus
Room will also
pay tribute to Members of Congress who
have stood
strong against terror. Leaders of the
major American Jewish
organizations and the Israeli government
will take part.
Sponsors are needed to underwrite the
luncheon. To inquire
about
sponsorship opportunities, please click
here.
"ZAKA confronts the unspeakable,
collecting the
consequences of murder and terror,"
Karben
said, "The entire world stands in awe of
the faith and
compassion of these volunteers who
provide the final
measure of dignity to strangers who can
never repay
the debt."
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| Karben Dedicates Emergency Vehicle in Memory of Assemblyman Zebrowski |
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Ryan Karben dedicated an emergency
service vehicle
in memory of the late Assemblyman Kenneth
P. Zebrowski at ceremony in late
June at Welder
Park.
The vehicle was donated to Chaverim, a
non-profit
organization providing emergency
assistance to
families and law enforcement.
"The work of Chaverim is a daily
reminder of
the virtues of volunteerism," Karben
said, "Chaverim also
mean 'friends,' and I'm honored to
dedicate this
vehicle in memory of my friend, Ken
Zebrowski."
Zebrowski, a longtime Rockland County
legislator and
state assemblyman, died in early 2007.
"Ken was my partner and my friend,"
Karben said, "I
miss his counsel, his humor and his grit.
There can
be no greater tribute to his public service
than a
vehicle that will serve the public every
day, just like he
did."
Karben and Zebrowski provided a
$50,000 grant for the vehicle during their
service together in the State
Assembly.
On hand for the ceremony were, the late
Assemblyman's son, Assemblyman Kenneth Paul
Zebrowski, Judges Tom Walsh and
Alan Simon,
Supervisor Christopher St.
Lawerence, County Clerk
Paul Piperato and County
Legislators Ilan Schoenberger
and Alden Wolfe.
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Second Department Update: Zoning Cases Require Complete Record |
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As one of the Hudson Valley's leading land use firms, we
regularly appear before land use boards
across the region, including Zoning
Boards of Appeal. In the past 18 months,
we handled over 100 zoning board
matters.
Two New
York courts recently issued opinions of
interest to zoning variance
applicants In the Matter of Kaufman vs. Village of
Kings Point, the Second Department
emphasized the importance of
developing a clear record during the
zoning hearing. A zoning hearing is a
quasi-judicial proceeding, with testimony
taken under oath. In the interest of
speed,
some applicants do no bother to put
all of the facts concerning their
application into the record, leaving
themselves open to subsequent
challenge.
In this case, the
neighbors of a variance applicant
brought a lawsuit, known as an Article 78
proceeding, challenging the respondent
Kings Point ZBA's decision to grant the
requested
variances. The ZBA's decision was
based on the opinion of the
board's counsel that it had granted
similar variances to prior applicants. The
court, found that the record did not
show verification of the attorney's opinion
or any reference to similar cases where
such variances had, in fact, been
granted. The court sent the back to the
ZBA for further
consideration.
Another
decision of note by the Second
Department found that ZBAs are not
permitted to condition variances on
continued occupancy of the subject
property by the applicant. In
Fowlkes v. Zoning Board of
Appeals of the Town of North
Hempstead, the petitioner
challenged the denial of her variance
application by arguing that any adverse
impact from the variance would be
limited if the variance was conditioned
upon her
continued occupancy of the premises. It
is a common practice for ZBAs
responding to plea of "hardship" to try to
find a way to accommodate an otherwise
significant variance by limiting the
variance to the owner's term of
occupancy. The court ruled such
efforts are improper, finding "any
condition imposed when granting a
variance must be directly related to the
property involved and to the underlying
purpose of the zoning code, without
consideration of the particular person
owning or occupying it."
Please conta
ct us for assistance with any of your
zoning and land use needs.
Find out more....
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