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New York, New York 10022
Tel: (212) 749-1448
Fax: (212) 932-2693
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Westchester
94 White Plains Road
Tarrytown, New York 10591
Tel: (914) 333-0700
Fax: (914) 333-0743
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New Jersey
One Gateway Center
Suite 2600
Newark, New Jersey 07102
Tel: (973) 824-9772
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:: Firm News ::


Spring 2014

Windward School Benefit in New York City:
Leslie Snyder and Robert Gaudioso were pleased to attend and sponsor the Windward School’s Benefit at Cipriani’s in New York City on April 5, 2014.

NEDAS 2014:
Partner Leslie J. Snyder moderated a panel at the Northeast DAS & Small Cell Association HetNet’s Race to Connect Seminar in New York City. The panel entitled “The Race to Connect Picks Up Speed: 5G and Beyond” included panelists Joe Mullin, Chief Technology Officer – DAS, Insite Wireless LLC, Doug Wiest, Executive Vice President – Wireless, EdgeConneX, and James Zik, Senior Product Marketing Manager, Pctel RF Solutions.

IWCE 2014:
Partner Robert D. Gaudioso moderated two panels regarding FirstNet at the International Wireless Communications Expo 2014 in Las Vegas Nevada: "Backhaul for FirstNet" and "Getting What You Asked For, Getting What You Need from FirstNet."

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Winter 2014
Litigation Update:
The firm achieved a victory when the Appellate Division, NYS Supreme Court (1st Dep’t) affirmed the dismissal of an action brought against a major wireless carrier by plaintiffs/appellants seeking monetary damages allegedly stemming from the construction of a nearby cell tower. Litigation team members Leslie Snyder, Doug Warden, and Adam Moss argued that appellants had failed to state a cause of action by neglecting to specify the nature, extent or amount of the alleged damages. In affirming the dismissal of plaintiffs/appellants’ action, the Court held that there was no basis for the unjust enrichment and constructive trust claims through which plaintiffs/appellants sought to attach tower rental revenues. The case, Leidel v. Annicelli (Docket No. 102456/2010) was entered in the NYS Supreme Court, Appellate Division, First Department, on February 18, 2014, and can be found here.

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Winter 2013
Litigation Update:
The firm's litigation team obtained a key tactical victory on behalf of a major wireless telecommunications provider in a taxpayer action brought to invalidate a Village’s lease of municipal property for the construction of a wireless telecommunications tower. Town Law Section 51 authorizes taxpayers to bring court proceedings challenging certain municipal actions but does not provide a specific limitations period within which such a proceeding must be brought. Snyder & Snyder, LLP successfully argued that, in the absence of an explicitly enumerated statute of limitations, a three year limitations period should be applied to the taxpayer action rather than a six year statute of limitations. The Court agreed, and dismissed the taxpayer plaintiffs' complaint holding that the plaintiffs had sat on their rights and had failed to timely commence the action. The decision, Giovanna Giunta et al. v. AG Towers, (Docket No 10004-2012) (Nassau Sup. 2013) was issued by the Honorable Norman Janowitz of the Supreme Court of Nassau County on December 19, 2013.

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Fall 2013
Super Lawyer update:
Robert D. Gaudioso was named a Super Lawyer for 2013. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. The attorneys selected to Super Lawyers are limited to 5% of the practicing attorneys in the New York Metro area.

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Summer 2013
Litigation update:
The firm secured a precedent setting victory in obtaining the dismissal of a permissive referendum petition (“Referendum Petition”) brought by adjoining landowners who objected to a lease of municipal property for the construction of a wireless telecommunications tower. Taxpayer permissive referendum petitions are authorized under New York State Town Law Section 91 to challenge certain municipal actions such as the lease of municipal property. The firm’s litigation team commenced an Article 78 proceeding challenging the Referendum Petition, arguing that the Referendum Petition failed to comply with the applicable requirements of the New York State Election Law and Town Law. The Supreme Court of Putnam County agreed. The Court issued a decision which, among other things, stands for the proposition that a taxpayer petition requesting a permissive referendum may be declared null and void if the taxpayer petition does not include an “affirmative articulation of the objections upon which the Petition is founded.” There is no prior case law in the jurisdiction which sets forth this proposition so declaratively. The case has been published and the citation is Mathewson v. Town of Kent, 41 Misc.3d 572, 972 N.Y.S.2d 428 (Putnam Sup. 2013).

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Spring 2013
FirstNet Update:
Partner Robert D. Gaudioso moderated a star studded educational panel regarding FirstNet at the New York State Wireless Association 2013 Tradeshow and Conference in New York City in June. The panel arranged by Mr. Gaudioso included Morgan O’Brien, Chairman of Cyren Call Communications and Founder of Nextel, and FirstNet Board Member Chief Chuck Dowd. The panel also included speakers Tom Afferton, Director of Public Safety Systems and Solutions at Northrop Grumman Information Services, Brett Killbourne, Vice President and Deputy General Counsel, Utilities Telecom Council, John Facella, Senior Vice President, RCC Consultants, and Steven Harte, Associate Commissioner, New York City Department of Information Technology & Telecommunications ("DoITT").

Litigation Update:
The litigation team obtained the dismissal of a two-pronged action against the firm’s client, one of the largest owners of telecommunications towers in the country, which cleared a path for the construction of a new tower and removal a functionally obsolete tower on adjoining property. The action was commenced by a disgruntled landlord who objected to the tower company’s removal of an existing tower on the landlord’s property at the expiration of the lease. The landlord filed a hybrid Article 78 petition/complaint in the Supreme Court of Putnam County seeking to prevent the tower’s removal from his property and challenging municipal approvals permitting the construction of a new tower on adjoining property. The firm obtained dismissal of the Article 78 petition by arguing that the landlord lacked standing to challenge the municipal approvals for the new tower. The firm argued that, although the landlord was an abutting neighbor, the landlord was not sufficiently within the “zone of interest” of the relevant zoning laws to have standing. The firm also obtained dismissal of the complaint by arguing that the terms of the lease permitted the tower owner to remove the existing tower because the existing tower is a detachable "trade fixture." The decision, Daniel Rosen Realty, LLC v. Town of Ramapo, (Docket No 2574-2012) (Putnam Sup. 2013) was issued by the Honorable Francis A. Nicolai of the Supreme Court of Putnam County on May 6, 2013. The firm has also successfully defended the landlord’s request for a stay pending appeal of the decision.

NYSWA Update:
Partner Robert D. Gaudioso was elected to the Board of Directors of the New York State Wireless Association ("NYSWA").

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Summer 2012
The firm was successful in securing the dismissal of an action brought against a major wireless carrier by plaintiffs seeking monetary damages allegedly stemming from the construction of a nearby cell tower. Our litigation team led by Leslie Snyder and assisted by associates Doug Warden and Adam Moss argued that plaintiffs had failed to state a cause of action by neglecting to specify the nature, extent or amount of the alleged damages. The court agreed. In dismissing plaintiffs’ action, the court further held that there was no basis for the unjust enrichment and constructive trust claims through which plaintiffs sought to attach tower rental revenues. The case, Leidel v. Annicelli (Docket No. 102456/2010) was entered in NYS Supreme Court (New York County) on July 6, 2012.

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Spring 2012
Litigation update:
The firm, led by partner Leslie J. Snyder and senior associate Doug Warden, scored a landmark victory on April 24, 2012 when the Appellate Division, NYS Supreme Court (1st Department) entered a unanimous decision affirming the right of our client, Verizon Wireless, to install equipment required for a cell site installation on top of a party wall shared with a neighboring property owner in New York City. The decision is the first in New York State to expressly acknowledge that the rights attaching to the commercial use of a party wall apply equally to installations made into or on top of the party wall. The decision, Lei Chen Fan v. New York SMSA Ltd. Partnership, is reported as 94 A.D.3d 620, 943 N.Y.S.2d 451 (1st Dep't 2013).

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Fall 2010 / Fall 2011 / Fall 2012
Firm Provides Course for Zoning Officials. Attorneys from Snyder & Snyder LLP provided an accredited continuing education program for 75 members of the Westchester County Municipal Planning Federation. The Federation consists largely of individuals who serve on zoning and planning boards throughout Westchester County. The firm hosted the event in its conference facility overlooking the Hudson River in Tarrytown NY, where attendees received an update on legal developments effecting zoning and land use decisions.

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Summer 2009
Firm Expands Religious Land Use Practice. The firm has expanded its Religious Land Use Practice by bringing together attorneys from its real estate, zoning and land use groups to provide strategic counseling on all aspects of acquiring property and securing land use approvals for religious facilities. The goal of the Religious Land Use practice is to guide religious projects through all phases of development while side-stepping disputes and eliminating the need for litigation. Religious facilities enjoy special protection in land use proceedings under the Religious Land Use and Institutionalized Persons Act (RLUIPA), the landmark federal statute enacted in 2000. Relying on this statute, Snyder & Snyder, LLP recently secured zoning approvals for the construction of a house of worship in a residentially zoned area of an affluent New York suburb without the need for litigation. For more information about the Religious Land Use Group, please contact Leslie J. Snyder at LSnyder@snyderlaw.net.

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Winter 2008
Zoning Religious Facilities. Zoning challenges facing religious facilities and the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) were the focus of a presentation by firm attorneys David Snyder and Dan Nottes at a recent international conference of religious leaders held in New York City. The presentation entitled “Your Zoning Rights under Federal Land Use Laws” examined relevant cases and practical applications of RLUIPA, the landmark federal statute that protects religious land uses. The presentation was attended by religious leaders from across the country. Snyder & Snyder has significant experience in religious land use matters, and recently represented a group seeking a special use permit to construct a house of worship in a residential zone. For further information on RLUIPA and the zoning counsel provided by the firm to religious institutions, please contact Leslie J. Snyder at LSnyder@snyderlaw.net.

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Winter 2007-2008
Energy Projects: Wind, Biofuel and Power Distribution
The firm is increasingly active in the development of energy projects. This winter, we secured land use approvals for the expansion of an electric sub-station in Westchester County, New York that will distribute power from a 1,080 megawatt electric generating station. The sub-station approvals included permission to do work in wetlands and on steep slopes, and were secured in under one year and without litigation. In the biofuel arena, the firm structured a global joint venture for the development of facilities that will use plasma arc technology to convert biomass (including solid waste and agricultural material) into liquid fuel. We also currently serve as land use counsel for a windmill and wind energy project in northern New York State. Drafting documents related to the construction, financing and regulation of energy projects is an important part of our practice. For further information on our energy practice, please contact Robert D. Gaudioso at RGaudioso@snyderlaw.net.

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Fall 2007
Public Safety Radio. The firm was selected as lead zoning and land use counsel for the new emergency response radio network now being constructed by the City of New York. This new interoperable public safety wireless network will provide enhanced dispatch and response capabilities for emergency service agencies including the Fire Department, Emergency Medical Services, and various Police agencies. For further information on the firm's Public Safety Radio practice, please contact Robert D. Gaudioso at RGaudioso@snyderlaw.net.

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Spring 2005
World Bank Enlists Firm: Once again, the firm was privileged to assist the World Bank in preparing the Doing Business Database. This database provides objective measures of business regulations and their enforcement. The Doing Business indicators are comparable across 145 economies. They indicate the regulatory costs of business and can be used to analyze specific regulations that enhance or constrain investment, productivity and growth. The firm was asked to update a review of United States laws that encourage or discourage investments in real property. Copies of the Doing Business Database are available at www.doingbusiness.org/Downloads.

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Autumn 2004
World Bank Enlists Firm: The World Bank asked the firm to help compile a review of United States laws that encourage or discourage investments in real property. The compendium, which the World Bank published in September 04, includes a review of similar laws in many of the world's industrialized, developing and third world countries. Copies of the Doing Business Database are available at www.doingbusiness.org/Downloads.

Security at Republican National Convention: During the Republican National Convention in New York City at the end of August 2004, a team of firm lawyers stood ready 24/7, to bail-out employees of a major wireless carrier, whose employees risked inadvertent arrest during the massive protest demonstrations which were anticipated.

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Spring 2004
Firm Certified to Offer Leasing Course to Other Attorneys
In January of 2004, after being certified by the NYS Office of Court Administration, Leslie J. Snyder offered a Leasing and Land Use Seminar to other attorneys as well as our clients. The seminar focused on providing skills, knowledge and strategies, for attorneys on negotiating better deals with prospective landlords.

Settlement Gains National Attention
The March 15, 2004 issue of the RCR Wireless News, reported on the growing list of cases where wireless carriers had successfully litigated in order to obtain approvals to construct antenna sites to remedy gaps in coverage. A case settled by Snyder & Snyder, LLP was highlighted for special attention. That case involved a negotiated settlement, which was brought about early in the litigation as a result of the firm's compelling motion for immediate injunctive relief.

Firm Secures Agreement for Antennas on Smokestack
Using its battle tested strategy of an aggressive first strike, the firm prevailed in a federal litigation brought against a Westchester community which refused to permit a wireless carrier to locate antenna on an existing smokestack. By filing an Order to Show Cause with a Motion for Immediate Injunctive relief, the firm was able to secure an agreement with the defendants allowing the antennas to be installed as proposed. By going for a "first round knockout," the firm is often able to achieve the desired results with manageable costs and minimum delay.

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