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After extensive debate, the New York state Senate and Assembly finished working through the state's several budget bills over the weekend, nearly 3 weeks beyond the April 1 deadline. The spending plan now goes to Governor Kathy Hochul’s desk to be signed into law, which could happen as soon as later this week.Relevant measures in the revised budget include legalizing the sale of to-go alcohol for another five years as well as an expansion of the types of alcohol permitted to be sold in [...]

Can New York’s Extreme Risk Protection Order Statute, Which Temporarily Removes Guns from at Risk People, Survive a Second Amendment Challenge?The Court of Appeals this week concluded its opinions from the February argument session, but the most interesting cases, to me, came from the Second and Third Departments.  In the Second Department, the Court rejected a Second Amendment challenge to New York’s extreme risk protection order statute that authorizes the temporary removal of [...]

On February 15, 2024 we previously published a blog post regarding the Corporate Transparency Act (the “CTA”) (original blog).  Since our February blog post, there have been certain developments regarding the CTA which could impact the filing requirements going forward.  On March 1, 2024, Judge Liles C. Burke of the U.S. District Court for the Northern District of Alabama held that the CTA was unconstitutional and enjoined enforcement of the CTA against the plaintiffs in [...]

Taking Us Back to First Year Law School Contracts, the Second Department Answers Whether a contract Must have enumerated consideration to be valid?This week’s Newsletter is full of civil procedure questions for New York practice nerds like me. The First Department tackled forum non conveniens and the thorny pleading requirements necessary to establish the predicate sexual conduct for a Child Victims Act claim.  The Second Department took us back to our first year contracts class, with [...]

Governor Hochul continues to make strides towards her stated goal of improving New York’s antiquated liquor laws. The Governor’s 2023 budget, released in 2022, included temporary legislation legalizing the sale of alcohol for take-out and delivery from restaurants. That temporary legislation is set to expire next year; however, Governor Hochul recently announced her intentions to permanently legalize the sale of alcohol to-go. The temporary legislation was essentially a revival [...]