Local & State Government Section Meeting

Thursday, January 25, 2018
9:00 AM - 4:35 PM
Total MCLE Credits: 7.00 (Professional Practice 6.00, Ethics 1.00)
Rendezvous, 3rd Floor


Under New York's MCLE rule, this program has been approved for up to 7.0 credit hours (6.0 credits in Professional Practice and 1.0 in Ethics). This program will NOT qualify for credit for newly-admitted attorneys because it is not a basic practical skills program. 

Richard K. Zuckerman, Esq., Melville, NY

Martha Krisel, Esq., Mineola, NY
A. Joseph Scott, III, Esq., Albany, NY

8:50 AM - 9:00 AM
Welcoming Remarks

9:00 AM -9:50 AM
Blurred Lines – Zoning Limited to Regulation of Use Rather than User
While zoning laws are limited to regulating use, rather than the owner or occupant of or business operations on, property, the distinction between permissible and ultra vires regulation is hard to discern because of inconsistent case law. The topic is not only of theoretical interest, but has concrete implications with respect to the drafting and application of zoning ordinances and the conditions that may be imposed in connection with land use approvals.
 Adam L. Wekstein, Esq., Hocherman Tortorella & Wekstein, LLP

9:50 AM-10:40 AM
Navigating the Approval Process:  The Interplay Between Municipal Land Use Boards
Even smaller and medium-sized development projects sometimes require the approval of a myriad of local agencies and boards before construction can begin.  Navigating the Approval Process:  The Interplay Between Municipal Land Use Boards focuses on the layers of municipal approvals and the interrelationships among them, including how to identify what approvals are required and how to coordinate them effectively.
Speaker: Kathleen Deegan Dickson, Esq.,
Forchelli Deegan Terrana LLP

10:40 AM- 10:50 AM
Refreshment Break

10:50 AM - 11:40 AM
Update on New York State’s “Zombie Law” 
Speaker: Wade Beltramo, Esq.
, NYCOM, Albany 

11:50 AM - 1:15 PM
Executive Committee Meeting
(for those not involved in the Executive Committee Meeting, lunch will be on your own)

Constitutional Program:  Three topics in one great panel!
Update on Sanctuary City lawsuits and Supreme Court October 2018 term decisions
Moderator: Daniel Spitzer, Esq., Hodgson Russ LLP

1:15 PM-2:05 PM
Takings After Murr v. Wisconsin
We review regulatory takings analysis in the land use arena in light of the Murr v. Wisconsin decision, with a focus on the determination of the property to be evaluated and implications for local zoning codes.
Speaker: Charles Malcomb, Esq.
, Hodgson Russ LLP

2:05 PM - 2:55 PM
Sign Codes in the wake of Reed v. Town of Gilbert

Municipalities have been reviewing their sign codes in the wake of Town of Gilbert and its implications for determining what is a content-based regulation and when such regulation can pass a strict scrutiny review.  This session will examine how courts and municipalities are reacting to Town of Gilbert in evaluating local sign codes.
Speaker: Mindy Zoghlin, Esq., The Zoghlin Group, PLLC

2:55 PM - 3:05 PM
Refreshment Break

3:05 PM - 3:55 PM
Social Media as a First Amendment Protected Forum
Municipal officials are increasingly using social media platforms as conduits of communication with constituents.  This session will examine the First Amendment implications of employing public and private social media for municipal business.
Speaker: Jessica Copeland, Esq., Hodgson Russ LLP

3:55 PM- 4:45 PM
Ethical Issues: Conflict of Interest Update on New York State Conflict of Interest Law

The Second Circuit recently ended an 11 year battle with a decision that clarified Section 801 of the General Municipal Law in several significant ways. This session will review the decision and analyze the court’s ruling, which provide significant guidance to practitioners relating to the interpretation of several provisions of Article 18 of the General Municipal Law.
Speaker: Steven G. Leventhal, Esq., Leventhal, Mullaney & Blinkoff, LLP

Discounts and Scholarships
New York State Bar Association members and non-members may apply for a discount or scholarship to attend this program, based on financial hardship. This discount applies to the educational portion of the program only. Under this policy, any member of our Association or non-member who has a genuine basis for their hardship, if approved, can receive a discount or scholarship, depending on the circumstances. Request for discounts or scholarships must be received prior to January 12th, 2018. For more details, please contact Beth Gould in writing at New York State Bar Association, One Elk Street, Albany, New York 12207 or [email protected]

Accommodations for Persons with Disabilities:  NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Beth Gould at 518-487-5674.

For overnight room accommodations, please call the New York Hilton Midtown at 1-800-445-8667 and identify yourself as a member of the New York State Bar Association. The rate will be based on room selection (single/double occupancy) and arrival/departure dates with additional taxes and hotel fees. The discounted rate for January 21st and January 22nd is $179 per night. The discounted rate for January 23rd through January 28th is $229 per night. A rate of $209 will be offered to those with overlapping dates. Reservations must be made before December 15, 2017 by calling the New York Hilton Midtown directly at 800-445-8667 or online at www.nysba.org/am18accomm.

For questions about this specific program, please contact Beth Gould at 518-487-5674. For registration questions only, please call the Member Resource Center at 800-582-2452. Fax registration form to 518-463-5993.