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Tarrytown, New York 10591
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:: Firm News ::


Spring 2016

Westchester County Association
Snyder & Snyder, LLP is a proud annual sponsor of the Westchester County Association. The Westchester County Association is the preeminent business membership organization in Westchester County. The Westchester County Association’s mission is to: i) drive economic vitality and development in Westchester and the surrounding region; ii) stimulate new business creation; iii) provide a strong and clear voice for the interests of businesses of all sizes on the regional, state, national and international levels; and iv) be an information resource center for our members. On April 29, 2016, Leslie J. Snyder attended the Westchester County Association's conference, "Westchester: County of Tomorrow." The conference presented panelists from America's top innovation hubs with their analysis of moving the New Economy forward and suggestions for what the future holds for Westchester County.

New York State Advocacy Day
On May 17, 2016, Robert D. Gaudioso, attended New York State's Advocacy Day as co-chair of the New York State Wireless Associations Regulatory Committee and had the pleasure to meet with several New York State Senators, Members of the Assembly and their legislative staff in Albany. The day's meetings were hosted by NYSWA's wireless carrier partners – AT&T, Sprint, T-Mobile and Verizon. Conversations were wide ranging and included among other topics - technical innovations in wireless and 5G, economic models to support rural service tower deployments, the need for urban densification with small cells and federal regulations requiring expedited municipal review for collocation and minor modifications of existing facilities.

IWCE 2016
Robert D. Gaudioso spoke as a panelist and moderated a panel at the International Wireless Communications Expo 2016 in Las Vegas, Nevada entitled "The Legal and Regulatory Issues: Opting In or Opting Out of FirstNet," and "Ten Uses for Drones in Public Safety and Critical Infrastructure."

Robert was honored to be a panelist with TJ Kennedy, President of FirstNet, Mike Barney, Director of Public Safety Solutions for Kodiak, and George Molnar, Molnar & Associates, during a detailed discussion regarding the feasibility of individual states Opting-Out of FirstNet. Robert provided his viewpoint of the challenges an Opt Out State may face based on New York State's failed attempt to create a state-wide public safety network, as well as the benefits a State may realize based on his experience as counsel to Northrop Grumman during the successful deployment of New York City’s wireless broadband public safety and public service network known as NYCWiN. Robert has recently counseled a large system integrator in connection with its response to the State of Colorado’s Request for Information pertaining to a potential FirstNet opt-out scenario.

On the panel moderated by Robert, the discussion focused on the fact that Drones, or Unmanned Aerial Vehicles, are quickly becoming valuable assets to Public Safety and the tower industry. While anticipated federal legislation is expected to ease the regulatory burdens for commercial operators, numerous pitfalls remain for any agency or company seeking to invest in this technology without the proper guidance and counseling. Logan Campbell of Aerota, Greg Emerick of Sentera, Charles Werner, retired Fire Chief for the Charlottesville Fire Department, Brandon Diemer of the Bureau of Land Management, Jim Somers of the Department of Homeland Security and Kim Cook of CyPhy Works, Inc. explained to the audience the steps necessary to successfully implement the use of drones.

NEDAS 2016
Jordan M. Fry moderated the panel entitled "Capacity Planning, Technology Developments – Overcoming Today's Challenges to Enable Tomorrow's Communications" at the Northeast DAS & Small Cell Association's In-Building Wireless Summit in New York City. The panel included Chris Pleibel, Director National Wireless Sales for Perfect-10 Wireless, David Evans, Managing Engineer for AT&T, Dean Fresonke, Vice President of Business Development and Co-Founder of ClearSky Technologies, Mark Parr, CEO of Bandwidth Logic, and Russ Hamm, Founder and President of Rainbow Broadband. The panel presented the evolving topics of network capacity forecasting, network densification options, smart city planning for wireless communications, WiFi networks and end user expectations, and keys for successful network deployment.


In addition, Robert D. Gaudioso spoke on a panel entitled "The Carrier Conundrum." This panel focused on the challenges related to small cell right-of-way siting, whether by the carrier itself or by way of a third party neutral host. Robert discussed the value of obtaining a Certificate of Public Convenience and Necessity from the Public Service Commission pursuant to Section 253 of the Telecom Act and Section 27 of New York State Transportation Corporation law. Based on past experience, Robert also explained the minefield of regulations pertaining to small cell and distributed antenna systems (“DAS”) siting in the municipal right-of-way, including due diligence, local zoning and specific municipal permitting processes. Finally, Robert discussed the key elements of negotiating Franchise Agreements, Carrier Service Contracts and Pole Attachment Agreements.


Please click here for the Video Recording of the Event.

Leslie Snyder (right) with Joshua Broder (middle) of Tilson at NEDAS 2016.

The Windward School Benefit at Cipriani 42nd Street in New York City
Leslie Snyder, Robert Gaudioso and Jordan Fry were pleased to attend and contribute to The Windward School’s Benefit at Cipriani 42nd Street in New York City on April 9, 2016, honoring Orlando Bloom and Maryanne Wolf, and hosted by Hugh Jackman. The Windward School is an independent school exclusively for students with dyslexia and language-based learning disabilities, The Windward School enrolls students in grades one through nine. The School is nationally recognized for its development of instructional programs designed specifically to help students achieve language proficiency. The School's academic curriculum is research-based and multisensory in nature, and is designed to give students the skills they need to succeed in school and return with confidence to mainstream educational settings. Leslie Snyder has served as legal counsel to The Windward School on land use and real estate matters for over 15 years, and has worked with the School on zoning, construction and contract matters.




Snyder & Snyder, LLP Expands its Landlord Tenant Practice
Scott E. Buckhout joined Snyder & Snyder, LLP’s commercial leasing and litigation team in April 2016. Prior to joining the firm, Scott practiced Landlord-Tenant Law for over 8-years in Manhattan, representing landlords, cooperatives, condominium associations and managing agents.

Scott brings a wealth of Landlord-Tenant experience to the firm, having litigated hundreds of Nonpayment and Holdover proceedings in Housing Court. If a settlement cannot be reached, Scott has extensive trial experience in Housing Court. Scott has represented many of the largest providers of supportive housing in New York City and has expertise in the area of affordable housing and adult homes.

In addition to Housing Court, Scott has experience litigating in Civil, State and Federal Court and has advocated for clients before various governmental agencies, including the New York State Public Service Commission, U.S. Department of Housing and Urban Development, New York City Department of Buildings, Environmental Control Board and Department of Housing Preservation and Development.

Scott is admitted to practice in New York and in the United States District Courts for the Southern and Eastern Districts of New York.

Scott received his J.D. from Notre Dame Law School in 2006 and remains an active member of Notre Dame’s Alumni Association. Prior to law school, Scott received his B.A. summa cum laude from SUNY Geneseo in 2003, where he obtained several academic honors, including the Alan Shank Most Outstanding Senior Award in Political Science. During college, Scott was inducted into the Golden Key National Honor Society, and earned a prestigious internship with the Supreme Court of the United States in Washington, D.C.

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Winter 2015

Snyder & Snyder, LLP Supports UNICEF and Autism Speaks
In the spirit of the holidays, Snyder & Snyder, LLP made donations in the names of its clients and friends to Autism Speaks and, in memory of David L. Snyder, to UNICEF for “School-in-a-Box Kits” that provide educational supplies to restart learning immediately after disasters.

NYSWA Update
Partner Robert D. Gaudioso was named Co-Chair of the Regulatory Committee of the New York State Wireless Association (“NYSWA”).

Litigation Update
On November 16, 2015, Justice Julia I. Rodriguez, of the Supreme Court of Bronx County issued a Decision and Order in connection with the Matter of 4301 Boston Post Road, LLC v. New Cingular Wireless PCS et al., (Index No. 2433/3013). Plaintiff, owner of a large commercial property ("Property") in the Bronx, commenced the action to compel defendant tenants ("Defendants') to pay real estate taxes on the Property. Our office represented defendant, Crown Castle International Corp. ("Crown Castle"), exclusive operator of a portion of the Property leased to carriers, and secured a dismissal of the complaint in its entirety.

After joining issue, Robert Gaudioso and Doug Warden quickly interposed a motion to dismiss the complaint pursuant to CPLR §§3211(a) (1), (a) (7) and for summary judgment pursuant to CPLR §3212. We successfully argued that liability for property taxes rests with the owner of a property in the absence of a clear lease provision to the contrary. While the Plaintiff argued that there was a provision of the lease requiring payment of any taxes on the monthly rental payments, the Court agreed with our position that this provision could not be used to compel payment of real estate taxes. Justice Rodriguez, in dismissing the complaint, held that no real estate taxes were due because "[c]learly the taxes referred to involve any taxes that the landlord might be obligated to pay with respect to the . . . monthly rental income."

Upon receiving Justice Rodriguez’s Decision and Order, our office helped leverage that positive result and impending counterclaims into a re-negotiated lease with more favorable provisions for our client.

Snyder & Snyder, LLP Expands its New York City ROW and Fiber Practice
Snyder & Snyder, LLP continues to expand its ROW and Fiber Practice. Robert D. Gaudioso has recently focused on the obligations of utilities located in the public Right-of-Way ("ROW") to protect or relocate utility facilities to make way for Municipal Public Works Projects. With wireless carriers and fiber companies increasingly locating facilities within the ROW, conflicts with Municipal Public Works Projects are on the rise. Robert has successfully counseled clients in ways to avoid “Order Out” directives, and costly and uncertain Baseball Arbitration. He has been able to settle litigation when disputes arise between a client, municipal contractor and the City of New York over the cost to protect the client’s fiber and wireless facilities located in the ROW. Robert is also working to craft the newly evolving New York City Joint Bid Process, which the City of New York is in the process of implementing pursuant to recent State legislation. The Joint Bid Process is anticipated to bring significant change for utilities with wireless and fiber installations in the ROW.

Continuing Legal Education
On March 16, 2016, Leslie J. Snyder presented an overview of the responsibilities of Zoning Boards of Appeal ("ZBA") entitled "Zoning Board Primer – What You Need to Know" to the Westchester Municipal Planning Federation’s Land Use Training Institute. The presentation outlined the key functions that ZBAs furnish to municipalities, and provided a case digest of New York land use law decisions involving ZBAs in New York State. The cases were presented in one of six categories: area variances, use variances, interpretations of zoning ordinances, de novo review of building permits and certificates of occupancy, nonconforming uses, and special permits. The presentation was brought to life with questions by many members of local zoning and Planning boards. Snyder & Snyder, LLP has enjoyed providing case law updates to the Westchester Municipal Planning Federation since 2005, and looks forward to making similar presentations in years to come.

NJWA
Snyder & Snyder, LLP is a proud annual sponsor of the New Jersey Wireless Association for 2016. On March 10, 2016, Cara Bonomolo and Carla Chaves attended NJWA’s education event featuring Fred Scalera, and enjoyed his lively discussion of the existing JerseyNet public safety broadband system deployed along Route 21 in northern New Jersey, as well in Camden and Atlantic City.

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Fall 2015

Super Lawyer Update
Robert D. Gaudioso and Leslie J. Snyder were both named Super Lawyers for 2015. 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.

Snyder & Snyder, LLP Expands
Inga Caldwell joined Snyder & Snyder, LLP in 2015. Prior to joining Snyder & Snyder, LLP, Inga practiced for three years at a boutique environmental law firm in New York. Inga has federal and state environmental litigation experience and has assisted with the management of Superfund Sites. Inga graduated from Vermont Law School in 2012 (J.D. magna cum laude). At Vermont Law School, Inga was Production Editor for the Vermont Journal of Environmental Law and a Fellow for the Vermont Law School-China Partnership, a USAID funded collaboration. Before law school, Inga attended Dartmouth College and majored in Environmental Studies and Chinese (B.A. cum laude).

Paralegals Tracy Russo, Melissa Steen, Rosaria Callara and Denisse Villalobos also recently joined the Firm.

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Summer 2015

Emerging Technologies: 5G and Beyond
Partner Robert D. Gaudioso moderated an educational panel entitled "Emerging Technologies: 5G and Beyond" at the New York State Wireless Association 2015 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 co-founder of Nextel, Dr. Durga Satapathy, Director of Technology Innovation and Architecture for Sprint, Tunc Yorulmaz, Vice President and CTO for its Verizon Business Unit with Ericsson, and Andrew Clegg, Google's Spectrum Engineering Lead. The panelists gave the packed audience a glimpse into the promise of 5G, where unimaginably fast speeds, significantly reduced latency, vast system capacity and inanimate objects connected to 5G networks will lead to smart cities, driverless cars, telemedicine and the Internet of Things ("IoT").

FirstNet Update
Partner Robert D. Gaudioso had the pleasure of introducing the Closing Keynote Speaker, Jessica Zufolo, Deputy Administrator with the Rural Utilities Service for the United States Department of Agriculture, currently on detail to the U.S. Department of Commerce for FirstNet, at the New York State Wireless Association 2015 Tradeshow and Conference in New York City in June. Since March 2014, Ms. Zufolo has served as the Director of Infrastructure and Business Strategy and most recently as the Director of Federal Grants Strategy and Coordination on a detail assignment to FirstNet, an independent authority within the National Telecommunications and Information Administration (“NTIA”) at the U.S. Department of Commerce. In this role, Jessica co-led a team of technical, financial, program management and procurement senior specialists assigned to develop an acquisition strategy governing the deployment of FirstNet. Ms. Zufolo explained to the audience the status of FirstNet including the anticipated upcoming Request for Proposal to construct the nationwide FirstNet system.

Read more: New York State Wireless Association 2015 Wireless Forum

Case Law Update
Zoning, SEQRA and Telecommunications Law: The firm's litigation team, including Robert D. Gaudioso and Douglas W. Warden, successfully defended an Article 78 petition brought by neighboring property owners challenging the Town of New Castle's zoning approval of a telecommunications tower and personal wireless service facility. The firm represented a wireless telecommunications tower developer and a major wireless telecommunications provider during the zoning process and in the litigation.

The Supreme Court of Westchester County, New York addressed several unsettled issues in the controversial arenas of wireless telecommunications siting and State Environmental Quality Review Act ("SEQRA") litigation. SEQRA contains a strict requirement that any SEQRA negative declaration contain a reasoned elaboration in writing of the reasons for the determination. See 6 N.Y.C.R.R. Section 617.7(b). This decision represents the first instance where a New York court has held this requirement to be satisfied by the mere reference in a negative declaration to a completely separate document (a separate approval resolution in this case). The Decision also represents the first time that a court outside of the 4th Department has held that a municipal board's failure to fill out parts 2 and 3 of the SEQRA Environmental Assessment Form ("EAF") will not serve as a basis to overturn municipal action where the board has otherwise considered the factors listed in parts 2 and 3 of the EAF. In short, this decision represents several significant developments in New York SEQRA jurisprudence. Moreover, the Court addressed various federal law issues, including the proof of need for wireless service in the zoning context, alternative technologies such as Distributed Antenna Systems ("DAS") and the federal Shot Clock Order. The current citation to the case is Lindenthal v. Town of New Castle, 48 Misc. 3d 1231(A).

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Spring 2015

IWCE 2015
Partner Robert D. Gaudioso moderated two panels at the International Wireless Communications Expo 2015 in Las Vegas, Nevada: "Signal Booster Roundtable" and "Next Generation Antenna Design: From DAS to LTE."

NEDAS 2015
Associate Jordan M. Fry moderated the panel entitled "DAS Design and Deployment From Start to Finish" at the Northeast DAS & Small Cell Association's In-Building Wireless Summit in New York City.

Snyder & Snyder, LLP Expands its Fiber Practice
Snyder & Snyder, LLP continues to expand its Fiber Practice. Deborah Beals, counsel to the Firm, has more than two decades of experience in fiber optic network deployment. In 1990 Leslie Snyder represented the first municipality in Westchester County, New York to execute an agreement permitting installation of fiber optic facilities in its public right of way. The firm continues to focus on fiber optic deployment agreements through its representation of several telecommunication companies. Once the networks have been constructed, our attorneys also provide advice and prepare documents related to the acquisition, disposition, use, operation, repair, maintenance and replacement of fiber optic facilities, including Master Services Agreements and Service Schedules relating to lit fiber services, Irrevocable Rights of Use Agreements for use of dark fiber, Building Access agreements, Colocation Agreements providing rights to use space and power, as well as agreements providing network monitoring services and ‘remote hands’ services.

Snyder & Snyder, LLP Sponsors NJWA
Snyder & Snyder, LLP was proud to be a sponsor the New Jersey Wireless Association First Quarter Educational Program on March 12, 2015. The Program featured the perspective of Jennifer Fritzsche, Senior Telecom Analyst, Equity Research, Wells Fargo Securities regarding her insights for 2015 and beyond.

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Winter 2015

Snyder & Snyder, LLP Sponsors Northeast Wireless Safety Summit
The Firm proudly sponsored the 1st Annual Northeast Wireless Safety Summit hosted by HPC Wireless Services on February 4, 2015 in Tarrytown, New York.

Telecommunications Law Update
At the New York State Bar Association's Annual Meeting on January 29, 2015, Partner Leslie J. Snyder presented a Continuing Legal Education course entitled, "Telecommunications Law Update" to the Municipal Law Section. The presentation covered recent case law regarding the Telecommunications Act of 1996 and the Federal Communication Commission's October 17, 2014 Report and Order regarding the "Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies." The FCC Report and Order clarified the FCC Shot Clock Order and expanded on the Middle Class Tax Relief and Job Creation Act of 2012 (the "TRA" or "Spectrum Act"). The presentation was well attended by municipal land use attorneys throughout the State.

Snyder & Snyder, LLP Turns 25!
Founded by David L. Snyder and Leslie J. Snyder in 1990, the Firm is proud to have provided outstanding legal services for 25 years. Snyder & Snyder, LLP thanks its dedicated attorneys and support staff, as well as its wonderful clients for its past success and looks forward to a bright future for years to come.

Snyder & Snyder, LLP Supports Autism Speaks and Cell Phones for Soldiers
In the spirit of the holidays, Snyder & Snyder, LLP made donations in the names of its clients and friends to Autism Speaks and, in memory of David L. Snyder, Cell Phones for Soldiers in order to provide 750 deployed military members free talk time to connect with their loved ones during the holiday season.

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Fall 2014

Use Variance Obtained to Allow Fast-Food Restaurant with Drive Thru
Partner Robert D. Gaudioso successfully obtained a use variance for a client in Somers, NY, paving the way for the rehabilitation of a restaurant that has been vacant for over two (2) years. The use variance will allow the building to be operated as a fast-food restaurant, with drive thru service. Supported by affidavits and documentary evidence, including “dollars and cents” proof, Mr. Gaudioso was able to establish that based on various code revisions and changes to the character of the neighborhood, the applicant would suffer unnecessary hardship if the use variance was not granted.

Continuing Legal Education
Snyder & Snyder, LLP attorneys Leslie Snyder and Jordan Fry presented a Continuing Legal Education Course entitled, "Zoning Boards of Appeal: Understanding Variances and Nonconforming Uses" to the Westchester Municipal Planning Federation. The presentation outlined the key functions of Zoning Boards of Appeals, and provided a case digest of recent New York land use law decisions. The cases were presented in one of four categories: area variances, use variances, Zoning Board interpretations of zoning ordinances, and nonconforming uses. Snyder & Snyder, LLP has enjoyed providing case law updates to the Westchester Municipal Planning Federation since 2005.

Partner Robert D. Gaudioso presented a Continuing Legal Education Course entitled, "FCC Report and Order, Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies." The Middle Class Tax Relief and Job Creation Act of 2012 (the "TRA"), was passed by Congress and signed by the President on February 22, 2012. The Wireless Facilities Deployment provision of the TRA, Section 6409, presents opportunities to streamline modernization of existing wireless facilities and to deploy new cell sites through collocation in some cases. The CLE Course examined the FCC Report and Order adopted on October 17, 2014 regarding the implementation of Section 6409 and the 2009 FCC Declaratory Ruling, also known as the Shot Clock Order.

Super Lawyer Update
Robert D. Gaudioso was named to the New York Metro Super Lawyers list again for 2014. Super Lawyers, a Thompson Reuters business, is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement 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 2014

Snyder & Snyder, LLP Expands
Edward Teyber joined Snyder & Snyder, LLP after graduating from Pace Law School in 2014 (J.D. cum laude, Certificate in Environmental Law). At Pace Law School, Edward was Research & Writing Editor for the PACE ENVIRONMENTAL LAW REVIEW, Treasurer of the Real Estate and Land Use Law Society, and a student attorney in the Pace Environmental Litigation Clinic. Edward's note, Incorporating Third Party Green Building Rating Systems into Municipal Building and Zoning Codes was published in the Spring 2014 PACE ENVIRONMENTAL LAW REVIEW. Before law school, Edward studied in the University of California Santa Barbara's environmental studies program with a concentration in sustainable development (B.A. cum laude).

Joseph O. Gaon joined Snyder & Snyder, LLP after graduating from Hofstra University School of Law in 2014 (J.D., Magna Cum Laude). While at Hofstra Law School, he was a member of the Labor and Employment Journal and received the Certificate of Excellence in Commercial Law. He received his undergraduate degree in 2009 from University of Michigan, where he majored in Political Science (B.S.).

Significant Real Estate Transactions
Multi-Million Dollar Listing: Partner Leslie Snyder with lead associate Nicole Medina represented the seller in the sale of a New York City townhouse. The townhouse sold for the highest price per square foot in New York City in 2014 for a townhouse requiring renovation. The transaction closed in record time.

In-Building Telecommunications Agreements: Partner Leslie Snyder with lead associate Jordan Fry prepared and negotiated a record number of in-building telecommunications agreements covering major office and residential buildings in New York City, where the firm’s client built the in-building wireless systems.

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Spring 2014

FCC, Office of Chairman Tom Wheeler "The David L. Snyder Memorial Stipend"

The David L. Snyder Memorial Stipend awarded to Jeff Shaw honors David L. Snyder, the founding partner of Snyder & Snyder, LLP. David's colleagues recognized him as a fearless leader who was always "mobile."

Jeff Shaw is a rising 2L at the University of Maryland School of Law. He is a member of the Student Law and Media Association and a student member of the FCBA. Jeff graduated from Lehigh University, in Bethlehem, PA, in 2007 with a BA in International Relations, and received a MS in Telecommunications from George Mason University in 2013.

Prior to attending law school, Jeff served four years as a communications officer in the Marine Corps, including a seven month tour in Afghanistan. During this time he led the planning, installation, operation, and maintenance of secure radio, phone, and computer networks, providing world-wide voice, video, and data communications to the members of the Third Combat Engineer Battalion. After leaving the military he worked for the State Department’s Bureau of Diplomatic Security, working to field tactical radios to diplomatic security personnel in high threat countries, such as Iraq, Afghanistan, Libya, and Pakistan.

Case Law Update
Zoning Immunity: The firm's litigation team, including Robert D. Gaudioso and Douglas W. Warden, recently achieved a landmark victory which benefitted the firm’s client, a wireless telecommunications tower owner, and a large local municipality. The resulting decision involved previously unsettled issues in the arenas of wireless telecommunications facility siting and municipal immunity from zoning regulations. Petitioners in the matter commenced a hybrid Article 78 Proceeding / Declaratory Judgment Action to annul municipal resolutions authorizing the use of municipal property for wireless communications services that would enhance the municipality's public safety services. We persuaded the Supreme Court of Putnam County that the municipality was immune from its own zoning ordinance under the Court of Appeals matter of County of Monroe, 72 N.Y.2d 338, 533 N.Y.S.2d 702 (1988) which articulated a "balancing of public interests" test allowing a municipality to obtain zoning immunity after consideration of various factors. We further persuaded the Court that Petitioners' taxpayer cause of action, brought under General Municipal Law Section 51, was deficient in that Petitioners' failed to plead or establish the necessary elements of "fraud, collusion, bad faith or public mischief." The Supreme Court of Putnam County dismissed the Petitioners' claims on the basis of these arguments and on our litigation team's creative and aggressive advocacy techniques. The current citation to the case is Bruenn v. Town Bd. of Town of Kent, 44 Misc.3d 1214(A), Slip Copy, 2014 WL 3671324 (Table) N.Y.Sup., 2014.

The Tax Relief Act: The firm's litigation team, including Robert D. Gaudioso and Douglas W. Warden, again obtained swift and uncontested relief on behalf a wireless telecommunications carrier client this summer. A municipality refused to approve the client's request for approval to conduct minor modifications of an existing approved wireless telecommunications facility unless the client agreed to construct a full stealth enclosure around facility. The underlying approval required no such measures but the municipality had amended its code such that full stealth enclosures were required for any facility modification. We brought federal suit in the United States District Court for the Eastern District of New York to challenge the municipality’s refusal to consent to the modifications. The suit was one of the first federal cases ever filed under the Middle Class Tax Relief and Job Creation Act of 2012 and was also filed under the Telecommunications Act of 1996 and Article 78 of the New York Civil Practice Law and Rules. Faced with a voluminous federal Complaint and, prior to even filing an Answer, the municipality relented and agreed to immediately issue a building permit for the modifications. The Village also agreed that its code would not apply to future modifications that otherwise comply with the Middle Class Tax Relief and Job Creation Act of 2012.


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 to the New York Metro Super Lawyers list for 2013. Super Lawyers, a Thompson Reuters business, is a rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement 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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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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