Firm Partner Andrew M. Roth Successfully Defends the Village of Westbury in State and Federal Court Litigations

The Firm is pleased to announce that Firm partner Andrew M. Roth has successfully defended the Village of Westbury in a series of State Court and Federal Court litigations arising out of the Village’s sale of certain real property in the Village for nonpayment of real-property taxes. In the most recent of the litigations, the property owner commenced an action in Federal District Court challenging the sale as an unlawful taking of its property in violation of the Fifth Amendment to the United States Constitution, relying on the recently decided decision of the United States Supreme Court in Tyler v. Hennepin County. The Federal District Court dismissed the case on the grounds that the property owner’s claim was barred by the doctrine of res judicata, a common-law doctrine that bars the re-litigation of issues that were raised or could have been raised in prior judicial proceedings between the same parties. The property owner appealed the ruling to the United States Court of Appeals for the Second Circuit, which affirmed the ruling and upheld the dismissal of the case. A copy of the Second Circuit’s order can be found below.

Peter & Jeri Dejana Family Foundation Obtains Site Plan Approval from Village of Baxter Estates

Michael Sahn, Partner Joshua Brookstein, and Associate Samuel Epstein collaborated with a terrific team of design and engineering professionals to guide the Peter & Jeri Dejana Family Foundation in obtaining site plan approval from the Village of Baxter Estates to construct a new building to serve as the Foundation’s Headquarters. The elegantly designed, contemporary building sited along West Shore Road facing Manhasset Bay will provide a permanent home for the Foundation to continue its charitable work serving the greater Port Washington community. The approval process involved a series of public hearings and meetings, and coordinating the plans with Village officials.

Firm Successfully Defends County of Suffolk in Lawsuit

Firm Partners, Joseph R. Bjarnson and Ralph Branciforte, successfully defended the County of Suffolk in a lawsuit commenced by residents seeking to annul approvals associated with the construction of a cell tower on County property, asserting claims under, among other things, the State Environmental Quality Review Act (SEQRA), local zoning regulations and the Fourteenth Amendment of the United States Constitution. Joseph and Ralph were able to obtain a complete dismissal of the case from Justice Alison J. Napolitano in the New York State Supreme Court, County of Suffolk, establishing that the petitioners’ claims were moot and lacked merit.

Site Plan Approval from Town of Brookhaven

We’re proud to share that Partner Samuel Bifulco recently secured minor site plan approval from the Town of Brookhaven for the redevelopment of a long-vacant site in Centereach. This exciting project will bring new energy to the area, including approvals for Qahwah House, a Yemeni coffee shop, and Talkin’ Tacos. The redevelopment plans feature an updated façade along with comprehensive site improvements designed to enhance the overall appearance and functionality of the property. Revitalizing underutilized spaces and helping bring vibrant businesses to the community is what we do best.

Samuel Bifulco Secured a Special Use Permit from Town of Hempstead Zoning Board of Appeals

Partner, Samuel Bifulco, has secured a Special Use Permit from the Town of Huntington Zoning Board of Appeals for Nana’s Wonderland, marking an exciting step forward for this growing, family-focused business. Nana’s Wonderland has established a strong presence with successful locations in Little Neck, Massapequa Park, and Jackson Heights. The expansion into Suffolk County reflects both the demand for high-quality children’s recreational spaces and the strength of their operating model. Nana’s Wonderland is designed as a clean, safe, and engaging indoor environment where children, from infancy through age 12, can play, explore, and develop, while caregivers enjoy a comfortable and welcoming setting. The facility will offer structured weekday programming, including open play sessions, along with weekend birthday parties and community-oriented events.

The space will feature imaginative play areas, such as fire stations and markets, alongside physical activity elements like obstacle courses, slides, and sensory play zones. Dedicated areas for younger children and private party rooms will further enhance the experience for families. Uses such as Nana’s Wonderland highlights the importance of providing recreational opportunities for residents, further enhancing the vitality of surrounding residential, retail, and office uses in the area, and reinforces the overall functionality, appeal, and land use diversification of the community.

Firm Partners, Andrew Roth and Joseph R. Bjarnson Obtain Preliminary Injunction

Firm Partners, Andrew M. Roth and Joseph R. Bjarnson, obtained a preliminary injunction to prevent the Firm’s client, Mount Sinai Pentecostal Church of Hicksville, NY, from losing their Church property to a tax lien purchaser after more than $1 million in real property taxes were unlawfully assessed against the Church. In the case, the Firm argued, among other things, that the Church was mandatorily exempt from real property taxation under the New York State Real Property Tax Law and that any taxes assessed against the Church property should be declared void. Nassau County opposed the Firm’s application for a preliminary injunction and sought to have the case dismissed. The Honorable Randy Sue Marber, Justice of the New York State Supreme Court, County of Nassau, found that injunctive relief was appropriate because the Church had a “high likelihood of success on the merits” of its claim seeking to have the real property taxes assessed against its property declared void and denied the motion to dismiss.

Partner Joshua Brookstein Secured Approvals from Village of Roslyn Estates

Partner Joshua Brookstein, successfully secured approvals from the Village of Roslyn Estates on behalf of Firm client Prime 1024. The approvals included a special permit to maintain the restaurant’s outdoor dining area, as well as a parking variance to construct a private dining space on the lower level. This outcome reflects a strategic approach to support our client’s enhancement of its dining experience.