LEGAL EAGLES ADVERTORIAL RESOURCE GUIDE
FAIRFIELD COUNTY BUSINESS JOURNAL • WESTCHESTER COUNTY BUSINESS JOURNAL • JUNE 7, 2021
KEANE & BEANE, P.C. – MOVING FORWARD Keane & Beane, P.C. is pleased to have reopened its offices on an in-person work basis, while also continuing the use of remote platforms. We are proud to have provided uninterrupted service to our clients over the course of the pandemic and remain committed to meeting their needs in a safe and responsible manner. Keane & Beane, P.C. is a multi-dimensional law firm with practice areas in
business transactions, construction law, education law, elder law, environmental law, guardianships, insurance defense and civil rights, labor relations and employment law, land development and zoning, litigation and alternative dispute resolution, municipal law, real estate, trusts and estates litigation, trusts and estates, and utility siting and local rate-making. Our team
of outstanding attorneys provide the highest quality legal advice to businesses, individuals, families, school districts, municipalities and non-profit organizations. Our clients benefit from the best of two worlds: the breadth and depth of professionals and practice areas usually found only at large law firms, plus the accessibility, personalized service, and loyalty associated with smaller ones.
Keane & Beane, P.C.’s ability to carry on amidst the disruption cast by COVID-19 has been possible because we are far more than a collection of lawyers working under a common banner. Our attorneys work on a collaborative basis recognizing that every client is a Keane & Beane. P.C. client deserving of our collective talents. Keane & Beane, P.C. is also proud to have remained committed to community service over the past year and has endeavored to continue its support for organizations serving those in need.
Serving the Hudson Valley and Beyond for Over 40 Years
• Business Transactions • Construction Law • Education Law • Elder Law • Environmental Law • Guardianships • Insurance Defense & Civil Rights • Labor Relations & Employment Law
New York City 646.794.5747
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• • • • • • •
Land Development & Zoning Litigation & Alternative Dispute Resolution Municipal Law Real Estate Trusts & Estates Trusts & Estates Litigation Utility Siting and Local Rate-Making
White Plains 914.946.4777
www.kblaw.com
Fishkill
845.896.0120
ON THE HORIZON: NEW LEASE TREATMENT UNDER GENERALLY ACCEPTED ACCOUNTING PRINCIPLES Over the past few years, professional services firms worked diligently to understand and implement the new revenue recognition standards which had minimal impact on recognition, but did enhance the notes to their U.S. Generally Accepted Accounting Principles (“GAAP”) basis financial statements. Now firms should be turning their attention and focus to the impact of the new lease accounting standards, whose implementation is on the horizon and will most certainly have financial statement implications. This piece is intended to provide a high-level overview on the financial statement implications of the new lease accounting standards (ASC 842) without getting into the actual accounting for the debits and credits.
Who:
Professional services firms who issue audited, reviewed or compiled financial statements under GAAP who have existing operating leases in place that exceed twelve-months in duration (i.e., true month-to-month leases will not be impacted).
What:
Under current GAAP leases are generally classified as one of two types of leases: operating or capital. The classification depends on four criteria where if any one criterion is applicable, the lease would be classified as a capital lease providing for the recognition of an asset and associated lease liability. If a lease did not meet any of the four criteria, it would be classified as an operating lease whose details (including the future commitments and minimum payments) would be disclosed in the notes to the financial statements as a commitment without balance sheet recognition. Generally, a firm’s lease for its office space is likely being classified as an operating lease as the lease terms would not have triggered any of the four criteria triggering capital lease classification and recognition. The lack of recognition of operating
leases on the balance sheet changes once ASC 842 has been adopted.
When:
The new lease accounting standards are scheduled to take effect for private companies and private not-for-profits for fiscal years beginning after December 15, 2021 and interim periods within fiscal years beginning after December 15, 2022. For firms with a calendar year end this impacts the December 31, 2022 reporting year. (Note: the original effective had been a year earlier but was deferred because of the pandemic.)
Why:
Like many other changes in accounting, the genesis for change involves closing loopholes and providing for greater transparency to users of the financial statements while also providing for less divergence in practice. In the case of leases, the push for change began after the Enron scandal in 2001 and Enron’s use of “off-balance sheet operating leases” after which the Financial Accounting Standards Board began working on new lease accounting standards in 2006 so this change has been in the works for a while.
How:
The how relates to how leases will be treated after adoption of ASC 842. First,there will be changes to lease terminology. What is now defined as a capital lease will be referred as a direct finance lease under ASC 842. The operating lease terminology will remain the same, but there will be additional recognition and new terminology associated with operating leases. The recognition will include accounting for the operating lease on the firm’s balance sheet under the terminology “right of use asset” (non-current asset) and associated liabilities — “lease liabilities” (current and non-current amounts). The financial statement impact of
the adoption of ASC 842 has the potential to directly impact certain key financial ratios including:
Current ratio: an increase in current liabilities will lead to a decrease in this ratio Debt to equity/capital: significant increases to non-current liabilities will lead to an increase in this ratio Debt service coverage: inclusion of operating liabilities as debt without an offset of the lease expense included in the operating cash flow will lead to this ratio being skewed EBITDA: Should have little impact as the right of use asset will affect amortization expense and interest portion of the liability will affect interest expense As firms often have debt with financial covenants which may include some of the above, it makes sense to discuss the implications with the lender in advance and determine whether amendments to borrowing agreements are needed. Although, generally speaking, professional services firms typically don’t have a significant portfolio of leases (unlike a distributor or manufacturer might) they do typically have an operating lease for their office space that will need to be accounted for under the new lease accounting standards once adopted. Firms should begin to understand the potential impact to their GAAP financial statements, how to adopt and when adoption may make the most sense for their unique set of circumstances. Also of note for firms who issue GAAP financial statements that excluded footnotes, unknown op-
Jeff Stuart
erating leases to financial statement users will become known through the lease recognition (although the specific details of the operating lease(s) will not be known). Should you have any questions on how the adoption of the new lease accounting standards will impact your firm specifically, or need assistance in its adoption, please reach out to me or your relationship professional at Citrin Cooperman. Jeff Stuart has over 16 years of accounting experience. He is a director in Citrin Cooperman providing a mix of audit, accounting, and tax compliance services to closely held businesses. Jeff’s industry expertise includes construction, real estate, manufacturing, and architectural and engineering firms as well as employee benefits. Jeff can be reached at jstuart@citrincooperman.com Citrin Cooperman is a full-service accounting and advisory firm with 18 domestic and international locations. Visit us at citrincooperman.com.
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ABRAMS FENSTERMAN OPENS WHITE PLAINS OFFICE Abrams Fensterman, a multi-faceted, full-service law firm with over 112 attorneys and offices located in Lake Success, Brooklyn, Manhattan, and Rochester, opened its newest office in White Plains right before the pandemic hit last year. The office is led by former Appellate Division Justices Robert A. Spolzino and Jeffrey A. Cohen, who chair the firm’s appellate practice. Abrams Fensterman is the only New York firm with two former Appellate Division Justices actively practicing and handling appeals. Abrams Fensterman provides superior legal services to businesses throughout the New York City metropolitan area. In White Plains, the firm’s business litigation and creditor’s right’s practice is led by former Assistant United States Attorney Edward A. Smith III. Mr. Smith led both the bankruptcy section and the
environmental sections of the United State’s Attorney’s Office for the Southern District of New York. The firm’s labor and employment practice in White Plains is led by Joanna Topping. Ms. Topping is the chief labor and employment counsel for the Yonkers Public Schools and represents other businesses and governmental entities with respect to their labor and employment matters. Most recently, Jill F. Spielberg has joined the firm as a partner and leader of its Matrimonial and Family Law Practice in Westchester County. She will be expanding the firm’s already established matrimonial and family law practices led by Samuel J. Ferrara in Lake Success and RoseAnn C. Branda in Brooklyn. The Abrams Fensterman team provides each client with quality counsel, innovative solutions, and the person-
“COMBINED, BOTH FORMER APPELLATE JUSTICES BRING WITH THEM MORE THAN 45 YEARS OF EXPERIENCE, HELPING TO BOOST THE FIRM’S LEGAL INFLUENCE AND RECIPROCITY WITH THE COUNTY COURTS.” alized service they deserve. They are leaders in representing health care providers and their patients, as well as other recognized fields such as matrimonial and family law, mental health law, corporate and securities, insurance defense, estate planning and administration, civil and commercial litigation,
guardianship law, employment law, real estate law, elder law, transportation law, health care fraud, white-collar criminal defense, municipal law and government litigation, and law and policy. For more information about the firm’s practice areas and locations, please visit abramslaw.com.
Hon. Jeffrey A. Cohen
Hon. Robert A. Spolzino
Creditor’s Rights and Bankruptcy
Business Litigation and Appeals
Land Use and Environmental Law and Litigation Labor and Employment Law
Matrimonial and Family Law
Abrams Fensterman now brings the breadth and strength of its regional practice to Westchester and the Hudson Valley. Led by two former Appellate Division Justices, Robert A. Spolzino and Jeffrey A. Cohen, and with former Assistant United States Attorney Edward A. Smith, Chief Labor and Employment Counsel for the Yonkers Public Schools Joanna M. Topping, and leading Westchester Matrimonial and Family lawyer Jill Spielberg, the White Plains office brings together high-quality legal services in the Hudson Valley with government and business relationships throughout New York City and the metropolitan region. Abrams Fensterman – the law firm for Westchester Business 81 Main St., Ste. 306 White Plains, NY 10601 914.607.7010
3 Dakota Dr., Ste. 300 Lake Success, NY 11042 516.328.2300
1 MetroTech Ctr., Ste. 1701 Brooklyn, NY 11201 718.215.5300 abramslaw.com
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488 Madison Ave. 23rd Fl. New York, NY 10022 212.279.9200
160 Linden Oaks, Ste. E Rochester, NY 14625 585.218.9999
Is This an Opportune Time to Gift Your Commercial Real Estate Holdings for Estate and Gift Tax Planning Purposes? BY ANTHONY J. ENEA, ESQ
A
s has been well documented, the current federal estate and gift tax exemption of 11.7 million dollars per person is scheduled to sunset (expire) on December 31, 2025. Unless the current exemption is made permanent on or before December 31, 2025 (which is highly unlikely) because of the present political environment in Washington; on January 1, 2026 the new federal estate and gift tax exemption will be approximately 6 million dollars per person. Thus, in a mere 4 years it is likely that if one does not act, they will have lost the opportunity to take advantage of a total of 5.7 million dollars of gift tax exemptions that presently exist. Thus, incurring the possibility of significant federal and state estate taxes upon their demise. It should be noted that in November of 2019 the IRS advised taxpayers that if they make taxable lifetime gifts after 2017 and die after 2025, the exclusion used in calculating the gift will be the amount when the gift was made and not that of 2026. Thus, they will not clawback into one’s federal taxable estate the amount gifted on or before 12/31/2025. In addition to the significant benefit of gifting resulting from the current federal estate and gift tax exemption, the Covid-19 pandemic has significantly reduced the value of commercial real estate (apartment buildings and retail spaces) particularly in New York City and other large cities. Values have dramatically fallen because of current projected vacancy rates and rent defaults. Thus, many properties have lower current valuations, thus, allowing one to convey said properties to loved one’s and/or trusts for loved one’s while maximizing the current gift tax exemption amount. This benefit is further enhanced if one does not gift a majority interest in the premises and/or the entity owning the premises, thus, allowing the transferor to further discount the value of the property gifted by utilizing a discount for lack of marketability and a minority interest discount. This discount will further reduce the amount of the gift tax exemption utilized by the gift. Finally, as if the above were not sufficiently convincing that a once in a lifetime opportunity exists to shelter assets from estate taxes, the current low interest rate environment makes it an opportune time to utilize estate planning tools such as a Grantor Retained Annuity Trust (GRAT). There are many factors beyond the es-
tate tax benefits that need to be considered before one gifts assets. Perhaps most important being whether one is comfortable making the gift and whether the gift should be made outright or to a trust. However, in the current environment with the potential likelihood of both federal and state estate tax exemption being reduced, taking steps to reduce one’s taxable estate is imperative.
Anthony J. Enea, Esq.
Anthony J. Enea, Esq., is a member of Enea, Scanlan and Sirignano, LLP of White Plains, New York. He focuses his practice on Elder Law, Wills, Trusts and Estates. Mr. Enea
is the Past Chair of Elder Law and Special Needs Section of the New York State Bar Association (NYSBA). He is the current Chair of the 50+ Section of the NYSBA. Mr. Enea is the Past President and Founding member of the New York Chapter of the National Academy of Elder Law Attorneys (NAELA). Mr. Enea is the President of the Westchester County Bar Foundation and a Past President of the Westchester County Bar Association. He is also a Certified Elder Law Attorney as accredited by the National Elder Law Foundation. Mr. Enea can be reached at (914) 948-1500 or at a.enea@esslawfirm.com
• Asset Protection • Elder Law • Medicaid Applications (Nursing Home/Home Care) • Guardianships (Contested/Non-Contested) • Wills, Trusts & Estates NEW YORK’S ELDER LAW TEAM
Contact:
ANTHONY J. ENEA, ESQ., MEMBER
• • •
Past Chair of Elder Law Section of NYS Bar Association “Super Lawyer” in Elder Law for 15 consecutive years Fluent in Italian
OFFICES: WHITE PLAINS AND SOMERS, N.Y. • 914.948.1500 • WWW.ESSLAWFIRM.COM
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IT’S HIGH TIME: TOP PUBLIC AFFAIRS FIRM DAVIDOFF HUTCHER & CITRON LLP CREATES CANNABIS PRACTICE FOR LEGALIZED WEED Davidoff Hutcher & Citron LLP (DHC), a top New York-based commercial law and government relations firm, has announced the formation of a Cannabis Practice Group, which will help clients navigate the regulations around newly legalized adult recreational marijuana in New York State. The group builds upon DHC’s decades of experience representing clients in highly regulated and similar industries, such as the state’s thousands of wine, liquor and packaged goods merchants. DHC long worked with these companies to successfully guide them through regulatory matters, including the maze of rules and regulations that came to mitigate the spread of COVID-19, and helping to achieve the designation of essential business for liquor stores. The Firm also maintains one of the New York’s most significant hospitality
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industry practices, dealing with licensing and regulatory compliance issues on behalf of bars, restaurants, nightclubs, hotels, resorts and country clubs, which further meshes with the needs of companies engaged in the business of state regulated cannabis. “The Office of Cannabis Management will be implementing laws and regulations governing the growing and evolving cannabis industry in New York. They will be similar to those that govern entities regulated by the State Liquor Authority, and both will exist under a tiered system,” said Steve Malito, Chair of the Cannabis Practice Group. “Davidoff Hutcher & Citron is uniquely qualified to advise our clients in the cannabis space as they navigate the complexities of these regulations.” Malito, a Partner at DHC and current Chair of the firm’s New York State
Government Relations Group, has represented clients before the Governor’s Office, administrative agencies, the Senate and the Assembly in Albany for more than 20 years. Under his leadership, the group will work with cannabis retailers, growers, distributors, processors and investors to guide them through the new regulations associated with the Marijuana Regulation and Taxation Act (MRTA) in ways that safeguard both public safety and business enterprise, as well as compliance with federal statutes. DHC’s Cannabis Practice Group consists of government relations professionals and attorneys with experience in various impacted areas of law, including regulatory, litigation and real estate law. The team will assist clients with licenses to grow, process or dispense
adult-use cannabis and medical cannabis; assessment of business and individual risks under federal and state cannabis-related laws; guidance through the commercial leasing process; community engagement and education; lobbying services and more. “We have dynamic clients already moving ahead in this space, specifically because DHC works at the forefront of changing government regulations and legal issues facing our clients, and cannabis is no exception,” said Jeffrey Citron, Managing Partner. “Our team’s advocacy experience for parallel hospitality, retail and other highly business sectors, allows our clients to hit the ground running.” For more information, visit www. dhclegal.com.
Westchester 445 Hamilton Avenue 14th Floor White Plains, NY 10601 New York City 500 Fifth Avenue New York, NY 10110 Hudson Valley 300 Westage Business Center Fishkill, NY 12524 Connecticut 733 Summer Street Stamford, CT 06901
T 914 761 1300 | F 914 761 5372 cuddyfeder.com
50 Years of Serving the Community. 50 years ago, Cuddy & Feder was founded by a simple handshake between two preeminent attorneys who set up shop and started practicing law together in a colonial home on Maple Avenue in White Plains, New York. Today, we’re a group of more than 60 professionals in four offices that have proudly played a part in the transformation of skylines and the emergence of Westchester, Fairfield and the Hudson River Valley as major economic centers. It’s our connection to the communities and people we serve that we most celebrate and honor as part of our firm’s 50th anniversary. Cuddy & Feder’s core values of excellence, service, respect, support, commitment and community in service to others extend beyond just the practice of law. It’s what makes our firm unique. To mark our anniversary, we are leaning in deeply, expanding our donations, our time and efforts, and rededicating ourselves to the community through pro bono legal and not for profit work. Please join us in that commitment to one another as we celebrate 50 years in the community.
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NEW TAX PROPOSALS REQUIRE IMMEDIATE ATTENTION To Our Friends and Clients, You NEED us. You might make due with a firm who does what we do, but primarily you need US. Now more than ever. Because you know that you can rely on this law firm with its over 100 years (collectively) of service to protect and enhance your financial well being. We review your tax history and make sure that you have the right documents to meet the ever changing tax landscape. Remember it’s not just Federal
and State estate tax at issue. It’s also Federal and State income tax. With estate tax, expect a reduction in the estate and gift tax exclusions. The Administration’s proposal on income tax includes a significant increase perhaps doubling in the capital gains tax rate (There may be some relief for lower earning taxpayers). There could also be a repeal of stepup in basis at death and a possible recognition of gain on appreciation at death (similar to the system in Canada).
We are developing ways to deal with these proposals. We also expect that there will be provisions addressing valuation and elimination of majority and other discounts. Real estate investors may also be affected by a possible repeal of Section 1031. That section allows for a deferral of tax on the present gain on the sale or exchange of real property, if proper reinvestment is made into property of like-kind. This has been on the legislative agenda several times in the past
few years. So far, it has survived. This year, the need for tax revenue is perceived to be enormous. It will be extremely important to review the effective dates of these tax changes. These have been a suggestion that some provisions could be retroactive. That would be unfortunate. But what it means is that you should not delay any longer. Contact us at our convenient White Plains office. We offer in-person meetings but also Zoom and other virtual options.
Stern Keiser & Panken, LLP Attorneys and Counselors at Law
Concentrating its practice in all areas of Taxation, Estate and Trust Planning, Elder Law, Complex Real Estate Transactions Estate and Trust Administration Charitable Giving and Surrogate’s Court Practice Laurence Keiser Andrew I. Panken Susan Hegquist Accetta Kelley T. Mikulak
1025 Westchester Avenue White Plains, NY 10604 Tel 914-428-8800 Fax 914-428-3199
60 E. 42nd Street New York, NY 10165 Tel 212-370-5970
www.skpllp.com
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NEW ROLES, NEW BEGINNINGS IN WESTCHESTER LAW Melissa Andrieux, Esq., the Chief Client Relations Officer and Chair of the Diversity & Inclusion Council at Westchester-based law firm Dorf & Nelson LLP, sits down to answer questions about her new roles at the firm.
development operations and I was offered the role as the firm’s first Chief Client Relations Officer. Q: What is a Chief Client Relations Officer and what does the position entail? A: As the firm’s Chief Client Relations Officer, my primary objective is to create and nurture the firm’s relationships with our clients, whether they are existing clients or new clients, as well as building relationships within the firm. Being cognizant that workplace diversity is more important today than ever before, it was a natural progression that I would also serve as Chair of the Diversity & Inclusion Council and it is an honor and privilege to serve in both roles.
Q: Can you tell us what the Diversity & Inclusion Council is? A: The Diversity & Inclusion Council is Dorf & Nelson’s reaffirmation of its dedication to diversity and inclusion in the workplace. From the beginning, diversity and inclusion have been a guiding principle at Dorf & Nelson and the firm felt that it was important and necessary to reaffirm its commitment to diversity, equity and inclusion to its employees and clients. In furtherance of that commitment, we convened a Diversity & Inclusion Council, which consists of a group of employees of different backgrounds to oversee, manage and promote companywide communication on the firm’s continued progress as it relates to diversity, inclusion, culture and equity at the firm. Q: Why is the Diversity & Inclusion Council important to Dorf & Nelson? A: The importance of the Council cannot be overstated. At Dorf & Nelson it is vital that everyone knows and believes they have an equal opportunity to contribute and be included in all aspects of the firm. We truly believe that having diverse viewpoints and opinions not only benefits the firm and its employees but provides better results to our clients as they have access to a wide range of perspectives and ideas to address their evolving needs. The firm’s commitment to diversity and inclusion is forward thinking and sets Dorf & Nelson apart from many other firms. Q: I see that you started your career as a practicing attorney. How did you come to serve as the Chief Client Relations Officer and Chair of the Diversity & Inclusion Council? A: In what feels like a lifetime ago, I began my career as an assistant dis-
Melissa Andrieux, Esq
trict attorney in Queens County. From there, I transitioned to civil litigation and in 2018, I joined Dorf & Nelson as a civil litigator. But by the end of 2020, I began to think about other ways I could contribute to the growth and advancement of firm. Q: Did you discuss your thoughts and ideas about your career with anyone at the firm?
A: Absolutely. Dorf & Nelson encourages open dialogue with its employees, which made it very easy and comfortable for me to discuss my career goals and where I believed I could be an asset to the firm. During the course of my discussions, it became clear that I could be an integral part of continuing to grow, expand and diversify the firm’s areas of practice through marketing and business-
ABOUT DORF & NELSON The entity now known as Dorf & Nelson LLP was founded in 1997. Dorf & Nelson LLP is a private practice law firm headquartered at the International Corporate Center in Rye, New York, with offices in Manhattan, Garden City, New York and Los Angeles, California. Dorf & Nelson serves a wide range of corporations, entrepreneurs, growing businesses and successful companies as both legal counsel and trusted advisors in the practice areas of litigation, commercial and real property finance, corporate law, commercial real estate and land use, employment and labor law, intellectual property, life sciences, medical malpractice defense and notfor-profit. For more information, visit dorflaw.com. This article contains attorney advertising. Prior results do not guarantee a similar outcome. No attorneyclient relationship is created by this article.
JUNE 7, 2021 LEGAL EAGLES S9
COVID’S IMPACT ON COMMERCIAL PROPERTY TAXES IN WESTCHESTER When June arrives, many of us are preoccupied with thoughts of summer sun, vacations and, this year, some eager (if somewhat uneasy) easing of Covid-19 restrictions. On the other hand, in most Westchester municipalities June is known for frantic efforts to meet property tax grievance deadlines, which often occur as of the third Tuesday of the month. If an owner misses the deadline there is no opportunity for relief from a heavy local tax burden and the owner must wait until the next year. Many commercial properties lost significant value in the pandemic economy. For the 2021 assessment rolls, tax assessors are required to value all of the real estate in their jurisdiction as of a valuation date that, for many, was July 1, 2020, squarely in the midst of the worst part of the pandemic and some of the darkest hours of our local economy. One
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would then imagine that assessment rolls would reflect significant decreases in value. However, in many cases, and for reasons that are hard to fathom by real estate owners, assessed values – and therefore property tax bills – remained roughly the same or were increased. Some sectors of the commercial real estate market were especially hard hit: retail space, shopping malls, hotels and office buildings experienced extreme vacancies and many struggle with an uncertain future. While there is measured optimism about the long-term future of some sectors of the economy, the environment poses tremendous uncertainty to real estate investors. Because property taxes are based on the value of the real estate, this requires that assessors correct excessive assessments and provide owners with relief.
porary. Some go so far as to compare the Covid-19 pandemic to previous economic downturns. In whatever form an economic recovery occurs, the way that we use office space will look quite different; the way that we shop has been permanently altered; and decisions about how much must be spent on business travel and lodging will recognize cost-effective alternatives. June offers owners of commercial real estate in much of Westchester an opportunity to demonstrate to their local assessor the harsh reality of the new real estate marketplace and obtain a more favorable level of taxation.
Unfortunately, we are finding that tax assessors have generally taken a rosier view of the economy than reality dictates. Many tax assessors contend the effects of the pandemic are merely tem-
David C. Wilkes, CRE, FRICS, an attorney, is a senior-level partner in the tax certiorari practice at Herman Katz Cangemi Wilkes & Clyne, LLP, with offices in Westchester, Manhattan and Long Island.
MCCULLOUGH, GOLDBERGER & STAUDT, LLP The law firm of McCullough, Goldberger & Staudt, LLP (MGS) in White Plains is pleased to announce that it is elevating three of its attorneys to partners in the firm. Associates Patricia Wetmore Gurahian, Kevin Staudt and Steven Wrabel have been named partners, representing critical areas of expertise in appellate law, commercial litigation, land use and municipal law. They join partners Frank McCullough Jr., James Staudt, Linda Whitehead and Seth M. Mandelbaum, the firm’s Managing Partner. Charles Goldberger continues to serve as senior counsel to the litigation department and Edmund (Terry) C. Grainger, III will now serve as counsel to the firm. Also effective this month, associates Amanda L. Brosy and Meredith A. Leff have become senior associates with the firm. “We congratulate our new partners and senior associates. These changes will foster growth in our practice by elevating a new generation of attorneys to work alongside our seasoned team, build and expand on our strengths and position the firm for the next 20 years,’’ said Mr. Mandelbaum. MGS is a leader in land use, real estate and environmental law, as well as municipal law and commercial litigation (including appeals and tax certiorari litigation). The firm has represented both applicants and municipalities in connection with the land acquisition, financing and land use approval–including review under the State Environmental Quality Review Act–of countless development projects in the region including shopping centers, office buildings and office campuses, residential subdivisions, mixed-use projects, adaptive re-use and repurposing of existing office buildings and more. Some key examples include the firm’s involvement in the repurposing of the I-287 corridor, working on projects along Westchester Avenue such as Wegmans Supermarket, Life Time Athletic and The Toll Brothers/Normandy Real Estate Partners and Marcus Partners/ Trammell Crow Residential multi-family residential developments. MGS has been an integral part of the Westchester community for more than 60 years, representing a diverse group of clients including corporations, insurance companies, municipalities, coop, condo and homeowners’ associations, developers, golf and country clubs and not-for-profits as well as individual property owners. Services are provided by a team headed by seven partners, two of counsel attorneys and three associates.
Standing from left: James Staudt, Senior Partner; Linda B. Whitehead, Partner; Seth M. Mandelbaum, Managing Partner; Seated from left: Frank S. McCullough, Jr., Senior Partner; Charles A. Goldberger, Senior Counsel
McCullough, Goldberger & Staudt, LLP Welcomes Three New Partners PATRICIA WETMORE GURAHIAN
Ms. Gurahain heads the firm’s appellate practice. She has more than 25 years of experience researching and writing memoranda of law on motions, pre-and post-trial briefs and has special expertise drafting appellate briefs for state and federal courts. She also handles general litigation matters including Surrogate’s Court litigation. She is admitted to the New York State Bar and the U.S. District Court, Southern and Eastern Districts of New York. She received her J.D., cum laude, from Pace University where she was a member of the Law Review. She also received her B.A., summa cum laude, from Pace University. Ms. Gurahian is a resident of Westport, CT.
KEVIN E. STAUDT
Mr. Staudt heads the firm’s tax certiorari litigation practice and handles general commercial litigation, Article 78 proceedings and municipal prosecutions. Mr. Staudt also practices municipal and land use litigation, trusts & estates litigation and personal injury litigation. He is a member of the New York State Bar. He received his J.D. from St. John’s University School of Law where he participated in Mock Trial. He received a B.A. from the University of Notre Dame. Mr. Staudt is a resident of Mamaroneck, NY.
STEVEN WRABEL
Mr. Wrabel practices land use/zoning and municipal law. He has counseled private developers and property owners on issues of zoning compliance, environmental review, and various land use issues and worked on successful projects for clients such as PepsiCo, Inc., Manhattanville College, 24 Hour Fitness USA, Inc., and Senlac Ridge Partners (f/k/a Normandy Real Estate Partners, LLC). He also counsels municipal clients. He is admitted to the New York State Bar and received his J.D. from Fordham University School of Law, where he was Notes and Articles Editor for the Environmental Law Review, as well as a B.A. from Boston College. Mr. Wrabel is a resident of Stamford, CT.
mgslawyers.com
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Jeffrey D. Buss is a founding member of the firm and a distinguished litigator with a notable record of accomplishments, including several landmark cases for a large contingent of prestigious clients. He has successfully guided clients through complex financial and litigation problems, including the management of on-going businesses where the principal has been the target of prosecution, or the corporation has been beset by a public health crisis. He is also an entrepreneur active in the field of alternative energy, the CEO of a company developing utility scale solar energy farms, and a founding member of a vertically integrated renewable energy conglomerate. Mr. Buss’s trials and appeals have involved significant and complex issues in the areas of business fraud, first amendment and constitutional law, governance of religious corporations, commercial bankruptcy, civil rights, public health, construction, corporate, election, employment, cooperative, condominium, environmental and real estate law. He has successfully tried numerous jury and nonjury trials before State and Federal Courts, and successfully drafted and argued appeals before the Appellate Divisions for the First, Second and Third Departments, the New York State Court of Appeals, and the United States Court of Appeals for the Second Circuit. Jeffrey Buss is a member of the American Bar Association, the New York State Bar Associa-
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tion, the Association of Corporate Counsel and has served as General Counsel for several public and private Boards including the Yonkers City Council; the City of Mount Vernon; the Mount Vernon Industrial Development Agency; the Vostecs Corporation,( a multinational energy services and technology firm); Taher Invest, (a multi-national development corporation); Silo5 Energy; and the Riverbay Corporation, (a/k/a “Co-
op City”), the largest residential cooperative in the United States with more than 50,000 residents. Mr. Buss successfully represented Coop City in a first of its kind, $621.5 million refinancing of the corporation’s debt, guaranteed by the United States Department of Housing and Urban Development, the State of New York Mortgage Agency, and the New York City Housing Development Corporation. Mr. Buss also assisted the Riverbay Corporation
in all legal aspects of constructing and operating an on-campus cogeneration facility which supplies all of Co-op City’s energy needs while selling excess power to Con Ed. Mr. Buss is the founder and CEO of Energy for the Future, Inc., a start-up venture which is presently developing 12 utility scale solar farms in the Northeastern United States. The first of EFFI’s projects, a 19.9 MW Solar Farm in upstate New York, has been recognized by the NYS Governor’s Office and awarded Renewable Energy Credits by the New York State Energy Research and Development Agency. Mr. Buss began his legal career as a Reginald Heber Smith Fellow and as staff counsel for the Public Utility Law Project (PULP). He served as the Governor’s appointee and Chair of the New York State Low Income Energy Assistance Block Grant Advisory Committee, a Board Member of the NYS Weatherization Program Advisory Council, and a Board Member of the Title XX Block Grant Advisory Council. He performed a legal compliance audit of a regulated New York utility on behalf of the NYS Attorney General; was a member of the Attorney General’s Martin Act Task Force; served on the NYS Bar Association Committee recommending changes to the Mitchell-Lama Housing program; and is active in numerous community, charitable, educational and public organizations.
PAY SPECIAL ATTENTION TO EMPLOYEES DURING COVID-19 RECOVERY You need to make sure that they’re healthy and you need to make sure that there’s a sense that you as an employer have their best interests at heart. However, you will find there are circumstances with the potential for employer liability. There are quite a few State, Federal and NYC employment laws you need to be very sensitive to in terms of whether you can compel somebody to come to work…” (Excerpted from the Westchester County Business Journal, Aug. 3.)
WE CAN HELP JEFFREY D. BUSS jbuss@sbjlaw.com 914-476-0600
YONKERS, NY
733 Yonkers Avenue, Suite 200 Yonkers, NY 10704 914.476.0600
NEW YORK CITY
60 East 42nd Street, Suite 4600 New York, NY 10165 212.688.2400
LONG ISLAND, NY
1305 Franklin Avenue, Suite 300 Garden City, NY 11530 516.207.7533
JUNE 7, 2021 LEGAL EAGLES S13
S14 LEGAL EAGLES JUNE 7, 2021