Feerick Nugent MacCartney

* Rolling Hills Lawsuit Dismissed *

Feerick Nugent MacCartney was successful in overturning a 2017 jury verdict and judgment against the Village of Chester. The December 2, 2020 Appellate Division ruling dismissed the complaint filed by BT Holdings and nullified a $2.4 million verdict that had grown to over $3 million with interest. https://www.recordonline.com//court-overturns-/3800316001/

NYS Executive Order 202.79 extends prior executive orders authorizing remote public meetings and filing deadlines through January 1, 2021. https://www.governor.ny.gov//no-20279-continuing-temporary

Best wishes to all for a Happy Thanksgiving!Best wishes to all for a Happy Thanksgiving!

Latest NYS Executive Order (202.72) ends suspension/tolling of most statutes of limitation effective November 4, 2020. Suspension of statutes that extended vehicle registrations and inspections also ended, but there will be no penalties for failure to obtain vehicle inspection/registration until December 1, 2020. See Executive Order for details and other provisions. https://www.governor.ny.gov//no-20272-continuing-temporary

Indoor food services and dining will be permitted in New York City effective September 30, 2020 in compliance with Department of Health and other NYS Guidance. Source: NYS Executive Order 202.61 (September 9, 2020). Capacity currently permitted at 25%.

NYS Will Allow Liquor in Ice Cream and Frozen Desserts New York has enacted legislation to allow ice cream and frozen desserts to be made with liquor. The products cannot exceed 5% alcohol content and can only be sold to persons 21 or over. New York State previously only allowed these products to be made with beer, wine or cider.

Recent Reforms in New York Elections Law: The following legislative changes were enacted August 20, 2020 affecting November 2020 elections. 1. The definition of "illness" was expanded in the Election Law (Section 8-400) to include instances where a voter is unable to appear personally at the polling place because there is a risk of contracting or spreading disease that may cause illness to the voter or other members of the public. Effective immediately and deemed repealed o...n January 1, 2022. 2. Election Law 8-400(2) amended to temporarily allow absentee ballots to be submitted to the Board of Elections earlier than 30 days prior to the election. Effective immediately and expires December 31,2020. 3. Allows Board of Elections to count absentee ballots that do not have a postmark to be presumed timely if the ballots bear a time stamp indicating receipt by the Board of Elections the day after the election. (Election Law 8-412). Effective immediately. In addition, absentee ballots with a postmark on the date of the election will also be counted. (Previously, such ballots had to be stamped the day before the election). Effective immediately.

New York State will now require all adult passengers in a vehicle to wear seat belts. Currently, back seat passengers 16 and older are not required to wear seat belts. The new law takes effect November 1, 2020 and amends Vehicle and Traffic Law 1229-c. https://www.nysenate.gov/legislation/bills/2019/s4336

New York State has revised the document retention schedule for municipalities, effective August 1, 2020. Municipalities (cities, towns, villages, counties, school districts, etc) must adopt the new LGS-1 scheduled by January 1, 2021. More information, including the new schedule, can be found at this link. The LGS-1 schedule replaces the existing MU-1 retention schedule. http://www.archives.nysed.gov//local-gove/lgs-1-title-page

Latest NYS Executive Order (202.20) addresses marriage licenses and virtual wedding ceremonies. https://www.fnmlawfirm.com/nys-executive-order-202-20/

Latest Guidance on Essential Businesses (updated April 17, 2020) https://www.fnmlawfirm.com/nys-updated-guidance-essential-/

FYI: From NYS Executive Order 202.19 issued 4/17/2020: No local government or local department of health shall take any actions that could affect public health without consulting with the state department of health. No local government official shall take any action that could impede or conflict with any other local government actions, or state actions, with respect to managing the COVID-19 public health emergency. See link for full order content. https://www.fnmlawfirm.com/nys-executive-order-202-19/

NEW YORK STATE: Effective at 8 p.m. on Friday, April 17, 2020 any individual who is over age two and able to medically tolerate a face-covering shall be required to cover their nose and mouth with a mask or cloth face-covering when in a public place and unable to maintain, or when not maintaining, social distance. (NY Exec. Order 202.17). https://tinyurl.com/yd5abncj https://www.governor.ny.gov//fil/atoms/files/EO_202.17.pdf

NYS Executive Order 202.16 issued 4/12/2020. Includes provisions suspending political caucuses until June 1, 2020 unless held remotely and requires essential employers to provide face coverings to employees in contact with the public starting April 15th at 8pm. See link for details. https://www.fnmlawfirm.com/nys-executive-order-202-16/

See link for searchable PDF of all NYS Executive Orders issued through April 9, 2020 (EO 202.15). https://www.fnmlawfirm.com/nys-executive-orders-searchable/

NYS Releases updated guidance on essential businesses. Click link to see businesses and services deemed essential. Business requiring legal assistance can contact our office at 845-353-2000. Additional resources are available on our website at www.fnmlawfirm.com https://www.fnmlawfirm.com/nys-updated-guidance-essential-/

The staff at Feerick Nugent MacCartney would like to extend our appreciation and thanks to the many first-responders, health and hospital workers and volunteers on the front line of the COVID-19 battle who are spending many long days and nights away from their families taking care of many who are isolated and alone in these trying times. Thank you!