State makes emergency change in siting regulations for wind power projects
The New York state Department of Public Service last week revised its definition of “revision,” making it possible for a company building a wind turbine to modify its approved plans without triggering a new public hearing. An emergency ruling in the state’s Article 10 regulations went into effect Thursday, making some “revisions” into “modifications,” which […]
New York called to include menthol in flavored tobacco ban
ALBANY, N.Y. (AP) — New York lawmakers could ban flavored tobacco products amid growing concern over the tobacco and vaping industry’s use of flavorings to attract young people and African Americans, though it’s unclear whether a push to ban menthol cigarettes will succeed. The Democratic Senate Majority plans to pass a ban on the sale […]
Proposed liquor law change would enable movie theaters to sell craft beer
Two companies with movie theaters in Brooklyn and Yonkers offer full meals — with alcohol — for customers to consume while they watch their movies. Alamo Drafthouse Cinema, a chain based based in Austin, Texas, and Brooklyn’s Nitehawk Cinema are operating under a New York law that licenses movie theaters to serve alcohol only if […]
Census: NY lost more population than any other state
ALBANY, N.Y. (AP) — New York state’s population declined more than any other state in a recent 12-month period. New numbers released by the U.S. Census Bureau this week show the state’s population declined by 48,510 between July 1, 2017 and July 1 of this year. That’s the largest decline of the nine states that […]
NY ranks 2nd worst in business tax climate but improving
ALBANY — New York still ranks second worst among states’ business tax climates by the Tax Foundation. The group says New Jersey retains its longstanding position for the least competitive tax code, while Wyoming is rated No. 1 for the best. The foundation says its annual scoring penalizes states for “overly complex, burdensome, and economically […]
New payroll card rules take effect
New York officials say new regulations require payroll card companies to eliminate fees for account maintenance, overdrafts, checking on balances and inactivity. The regulations, first proposed last year, also require the companies to provide access to at least one no-fee ATM near where employees live or work and prevent card issuers from receiving kickbacks for […]
New York to require meningitis vaccine for 7th, 12th graders
ALBANY — As of Thursday all students entering the 7th or 12th grades in New York state will be required to be vaccinated against meningitis. Twenty seven states already require the vaccine as part of standard immunizations. Meningitis refers to acute and often life-threatening inflammation of the membranes covering the brain. More than 1,000 people […]
NY imposes special Halloween rules on paroled sex offenders
ALBANY — New York state is taking steps to ensure paroled sex offenders don’t take advantage of Halloween to commit another crime. The state said Friday that it is imposing special rules on convicted sex offenders that prohibit them from dressing up in costume or opening their doors to trick-or-treaters. Parolees are also instructed to […]
Training for doctors who OK pot
ALBANY — New York state will require physicians to complete an educational course before they can authorize medical marijuana for patients — a condition generally not applied to new drugs or seen in other states with existing medical pot programs. The 4.5 hour online training course will cost doctors $250. Officials say training will help […]
NY gets 91 cents from DC for $1 sent
ALBANY — New York’s comptroller says the state receives about 91 cents in federal spending for every dollar its taxpayers send to Washington. Comptroller Thomas DiNapoli says that compares to a national average of nearly $1.22 in federal spending that other states get. The report shows New York ranked 46th in its federal balance of […]
Appeals court: New York can ban credit card surcharges
It is constitutional for New York state to ban merchants from passing along credit card transaction fees to their customers, a federal appeals court ruled Tuesday. The 2nd U.S. Circuit Court of Appeals in Manhattan rejected the findings of a lower-court judge who had sided with five businesses, including a hair salon, an ice cream […]
Survey: NY earns D grade for small business friendliness
The Empire State is one of the more difficult states to establish a small business, according to an annual survey published this week. New York scored an D grade for its overall “friendliness” to small business and was handed an F for its ease of starting a business, according to the Small Business Friendliness Survey, […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Attorney misconduct: Opinion 22-164
- NYS Advisory Committee on Judicial Ethics – Independently written bench book: Opinion 22-163
- Fourth Department – Suppression: People v. Saeli
- Second Circuit – RICO: Horn v. Medical Marijuana Inc.
- NYS Advisory Committee on Judicial Ethics – Uncompensated interview: Opinion 22-159
- NYS Advisory Committee on Judicial Ethics – Uncompensated guest speaker: Opinion 22-158
- Fourth Department – Negligent performance: Rosenthal v. Syracuse University, et al.
- Second Circuit – Visual Artists Rights Act: Kerson v. Vermont Law School Inc.
- NYS Advisory Committee on Judicial Ethics – Former foreclosure referee: Opinion 22-157
- NYS Advisory Committee on Judicial Ethics – College honorarium: Opinion 22-156
- Second Circuit – Reasonable accommodation: Tafolla v. Heilig
- Fourth Department – Labor Law: Primisch v. Peroxychem LLC
Law News
- Appeals court upholds Supreme Court ruling
- Assistant district attorney appointed City Court judge by Rochester mayor
- Murder conviction affirmed despite trial judge error
- NY appeals court upholds conviction in burglary case
- Federal lawsuit reinstated against jail officer over strip search, delayed release
- Hyzon to pay $25M penalty to settle alleged fraud charges by SEC
- NY appeals court reinstates lawsuit over contract to remove snow
- Fourth Department affirms $400K judgment in contract dispute