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Karben Copy A Newsletter from the Law Office of
Ryan Scott Karben
August

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

in this issue
  • Second Department Update: Zoning Cases Require Complete Record
  • This Summer, Get Your Legal House in Order
  • ZAKA to Honor Karben in Capitol Hill Ceremony
  • Karben Dedicates Emergency Vehicle in Memory of Assemblyman Zebrowski

  • This Summer, Get Your Legal House in Order
    legislation

    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.


    ZAKA to Honor Karben in Capitol Hill Ceremony
    Zaka

    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."


    Karben Dedicates Emergency Vehicle in Memory of Assemblyman Zebrowski
    Chaverim

    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.


    Second Department Update: Zoning Cases Require Complete Record
    house

    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.

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