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Constitutional Challenges New York

Holtzman Vogel Baran Torchinsky & Josefiak

Hochul Faces Legal and Political Roadblocks to Mid-Decade Redistricting in New York

New York Governor Kathy Hochul recently suggested that the Empire State could undertake a mid-decade redistricting of its congressional districts, apparently as a form of political retaliation against Republican-led states...more

Troutman Pepper Locke

New York Court of Appeals to Review FAPA’s Constitutionality and Retroactive Application

Troutman Pepper Locke on

As a follow up to our May post, FAPA in the Spotlight Again: Second Circuit Renews Call for NY Court of Appeals Review, the New York Court of Appeals has finally agreed to consider New York’s Foreclosure Abuse Prevention...more

Jackson Lewis P.C.

Remote Work Challenges After New York Tax Appeals Tribunal Upholds Income Tax “Convenience Rule”

Jackson Lewis P.C. on

In an opinion issued on May 15, 2025, the State of New York Tax Appeals Tribunal, the highest administrative forum for state tax appeals, upheld the application of the state’s income tax “convenience rule” imposing New York...more

Fisher Phillips

NY Hits Play While NLRB on Pause: Inside the State’s New Labor Bill

Fisher Phillips on

Recent uncertainty at the federal level involving labor relations disputes has prompted states to take action, particularly since the National Labor Relations Board (NLRB) currently has too many vacancies to issue decisions....more

Sheppard Mullin Richter & Hampton LLP

New York State Looks to Take Over Labor Law Enforcement Amidst Uncertainty at the NLRB

With mounting uncertainty about the lack of a quorum and near term future of the National Labor Relations Board (the “NLRB” or the “Board”), New York State legislators are attempting to usurp the powers delegated to the Board...more

Seyfarth Shaw LLP

New York Bill Aiming to Protect Organized Labor Seeks to Overstep the Purpose and Scope of the NLRA and NLRB

Seyfarth Shaw LLP on

On Tuesday, June 17, 2025, the New York State Assembly overwhelmingly approved A8590 / S8034 by a vote of 128-14. This bill, which now heads to Governor Kathy Hochul’s desk, aims “[t]o make sure employees still receive...more

Cole Schotz

FARE Act Now in Effect: What NYC Renters and Landlords Need to Know

Cole Schotz on

As of June 11, 2025, the Fairness in Apartment Rental Expenses (FARE) Act, also known as Local Law 119 of 2024, is in effect after being upheld in court. The law significantly shifts how broker fees are handled in New York...more

Jones Day

Environmental Groups Sue New York to Implement Greenhouse Gas Reduction Law

Jones Day on

On March 31, 2025, a coalition of environmental groups in New York filed a lawsuit to compel the New York Department of Environmental Conservation ("DEC") to issue regulations implementing the Climate Leadership and Community...more

Harris Beach Murtha PLLC

Assessors Must Use Uniform Assessment Model for Solar and Wind Facilities in Upcoming Tax Year

On May 30, 2025, the Third Department confirmed an automatic stay of the Albany Court Supreme Court’s decision in Airey v State, making it clear assessors are required to utilize the state-wide uniform assessment model for...more

Bradley Arant Boult Cummings LLP

New York Court of Appeals Finally Agrees to Hear Constitutional Challenges to FAPA

After years of denying review, the New York Court of Appeals — the state’s highest court — agreed to address the question of whether New York’s momentous Foreclosure Abuse Prevention Act (FAPA) applies retroactively. On May...more

Hinshaw & Culbertson - Consumer Crossroads

New York Court of Appeals Accepts Certified Questions on Whether FAPA Should be Retroactively Applied

The New York Court of Appeals has finally agreed to consider whether retroactive application of the Foreclosure Abuse Prevention Act (“FAPA”) (or sections of it) violates the New York Constitution. Over the last two years,...more

Troutman Pepper Locke

FAPA in the Spotlight Again: Second Circuit Renews Call for NY Court of Appeals Review

Troutman Pepper Locke on

The legal and constitutional implications of New York’s Foreclosure Abuse Prevention Act (FAPA) are back in the spotlight as the U.S. Court of Appeals for the Second Circuit again turns to the New York Court of Appeals for...more

Bond Schoeneck & King PLLC

Supreme Court Chooses Not to Review Challenge to New York Gun Law

In April, the United States Supreme Court denied certiorari in Antonyuk v. James, a case challenging many of the restrictions imposed by New York’s Concealed Carry Improvement Act (CCIA). As a result, the Second Circuit’s...more

Hinshaw & Culbertson - Employment Law...

Second Circuit Reinstates New York Reproductive Health Bias Law's Notice Requirement in Employee Handbooks

On January 2, 2025, the U.S. Court of Appeals for the Second Circuit vacated a permanent injunction that barred the enforcement of a requirement under the New York Labor Law Section 203-e (the "Act") that New York State...more

Shipman & Goodwin LLP

A New Challenge to Mandatory Labor Peace Agreements Is Filed While Another Is Dismissed

Shipman & Goodwin LLP on

On April 14, 2025, a cannabis retailer filed suit to challenge the provision of New York’s cannabis law that requires licensed businesses to maintain labor peace agreements with their workers. The New York lawsuit asserts...more

Farrell Fritz, P.C.

Real Property Taxation of Solar and Wind Energy Systems in New York State Update: Court Declares RPTL § 575-b Unconstitutional in...

Farrell Fritz, P.C. on

In a Decision and Order rendered March 4, 2025, Albany County Supreme Court struck down as unconstitutional Section 575-b of the Real Property Tax Law, in the matter of Airey, et al. v. State of New York, et al. (Index No....more

Littler

DOJ Files a Statement of Interest in a Federal Lawsuit Against the NY Department of Health and Court Issues a Preliminary...

Littler on

As previously discussed, in Engesser v. McDonald, a class of Medicaid beneficiaries who receive personal care and home care services through New York’s CDPA Program (Consumers), and two independent living centers...more

Littler

NY Federal Court Issues TRO Against the NY Department of Health

Littler on

As previously reported, in April 2024, New York’s Social Services Law was amended to include a substantial change to the state’s Consumer Directed Personal Assistance Program (CDPA Program), a Medicaid-funded program allowing...more

Littler

New York Court Issues Decision and Order Declaring the DOH’s August 2024 Reimbursement Rate Adjustment for Fiscal Intermediaries...

Littler on

On March 20, 2025, a New York Supreme Court Justice in Albany County issued a decision and order declaring the New York State Department of Health (NY DOH)’s August 2024 implementation of an administrative rate reimbursement...more

Rivkin Radler LLP

The Status of Providing Gender-Affirming Care to Minors in NY

Rivkin Radler LLP on

In recent months, Executive Orders issued by the current Administration regarding gender-affirming care of minors have been the subject of much debate and litigation. The crux of these lawsuits is largely two Executive...more

Foley Hoag LLP - Environmental Law

New York State Amends Landmark “Climate Change Superfund Act” Amidst Legal Challenges

We previously reported on New York State’s enactment of the Climate Change Superfund Act (the “Climate Superfund Act” or the “Act”), groundbreaking legislation that seeks to recover $75 billion from fossil fuel producers for...more

Cozen O'Connor

New York Climate Superfund Law Faces Heated Opposition from Republican AGs

Cozen O'Connor on

A group of 22 Republican AGs, along with several coal, oil, and gas companies and industry trade associations, sued New York over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in...more

Paul Hastings LLP

New York State Bill Seeks to Impose Greenhouse Gas Emissions Disclosure Requirements

Paul Hastings LLP on

On January 27, 2025, N.Y Sen. Brad Hoylman-Sigal (D), introduced Senate Bill 3456 (“SB 3456”) calling for the adoption of the Climate Corporate Data Accountability Act (“CCDAA”). The bill is substantively identical to...more

Holtzman Vogel Baran Torchinsky & Josefiak

Second Department Reverses Trial Court and Holds State Voting Rights Act to Be Constitutional

On January 30, 2025, the Appellate Division Second Department handed down a decision regarding the constitutionality of the New York State Voting Rights Act. The case, Clarke v. Town of Newburgh, concerned a challenge under...more

Offit Kurman

The Impact of Transgender Executive Order on New York Residents

Offit Kurman on

On January 20th, President Trump issued an executive order entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Trust to the Federal Government.” The executive order included provisions for the...more

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