Partner Andrew Schriever Quoted in New York Times Piece on Larchmont’s Moratorium
Andrew Schriever, Vice Chair of Cuddy & Feder’s Litigation Department was quoted in a February 9, 2016 New York Times Article Larchmont Takes a Breather From Building in connection with Cuddy & Feder’s representation of a client in connection with a recently enacted moratorium in the Village of Larchmont. Schriever argued to the Village’s Board of Trustees that a proposed subdivision would actually be more in keeping with neighborhood character citing a study that found that of 287 homes sold in the past three years, only seven were new construction. “It is not a crisis,” Schriever said in noting the moratorium was believed to be pretextual.
Cuddy & Feder’s Partner, Eon S. Nichols, was the Chairman and Emcee of this year's MLK Youth Legacy Awards Luncheon
Eon S. Nichols was the Chairman and Emcee at this year's Martin Luther King Jr. Legacy Youth Awards Luncheon held on January 18, 2016 at the Double Tree Hotel. The Luncheon was hosted by African American Men of Westchester, Inc., which is a 501(c)(3) organization, and of which Eon is a board member.
The primary focus of the Luncheon is to honor the youth of Westchester County who exemplify the spirit of Dr. King’s life and work to keep his legacy alive through their self-sacrificing volunteer activities. The Luncheon was attended by approximately 340 people and included local political leaders as well as the Westchester business community.
CUDDY & FEDER PARTNER JOSEPH CARLUCCI NEGOTIATES FLEXJET LEASE WITH WESTCHESTER COUNTY
Joseph Carlucci successfully negotiated a 30-year lease agreement between our client, Flexjet, LLC, and The County of Westchester for hangar and office space at the Westchester County Airport. Flexjet, LLC is planning to move its chartered jet operations from Teterboro Airport in New Jersey to the Westchester County Airport. In June, 2014, the County went through a selection process to acquire a new tenant for the available hangar at the airport. Joseph Carlucci assisted Flexjet with a Response to Request for Formal Proposal to be considered as a tenant. Five Responses were reviewed by the County and Flexjet was determined to be the best candidate. Negotiations were entered into and on November 30, 2015, the County Board of Legislators adopted a Local Law authorizing the lease with Flexjet.
Below is a link to an article from the Greenwich Times when the move to Westchester was first announced.
Cuddy & Feder’s Joshua S. Cole elected Vice Chairman of the Zoning Board of Appeals for Wilton, Connecticut
Joshua was elected as Vice Chairman by his fellow board members at the December 21st regular meeting of the Zoning Board of Appeals. He was elected to a new four year term on the Zoning Board of Appeals in the November, 2015 municipal election and has served as a member of the Zoning Board of Appeals since October, 2014 when he was appointed to serve the remaining term of a departing board member.
Partner Andrew Schriever Elected President of the Westchester Legal Aid Society
Cuddy & Feder is pleased to announce that Andrew Schriever, a Partner in the Firm’s Litigation and Telecommunications Practices, was elected President of the Legal Aid Society of Westchester County. Mr. Schriever has been a member of the Board of Directors of the Society for the past several years, alongside Bob Feder, who recently was elected to the Society’s Executive Committee and who has served the Society for several decades, including for five years as the Society’s President. Mr. Schriever’s service is in keeping with a long tradition of Cuddy & Feder attorneys donating their time and skills to non-profit Boards throughout the Westchester community. Mr. Schriever is pleased to take on a leadership role in this organization which practices law at the highest level in furtherance of the principle that all people, regardless of their income level, are entitled to the protections of Constitutional due process under the law.
Cuddy + Feder Obtains Second Circuit Victory for Homeland and Verizon in Cell Tower Zoning and Permitting Case
White Plains, NY, Nov. 12, 2015 – Cuddy + Feder LLP announced a victory on behalf of client Homeland Towers LLC and its tenant Verizon Wireless in obtaining permits for a 150‘ tower in the Town of East Fishkill, New York. On Nov. 10, 2015, the Second Circuit Court of Appeals affirmed the District Court’s Jan. 30, 2015, decision striking down the Town’s denial of Homeland and Verizon’s application. The tower is proposed by Homeland Towers and will be used by Verizon Wireless to provide reliable wireless services to the public along the Taconic State Parkway, as well as to commercial and residential areas of the community.
Cuddy + Feder LLP served as lead counsel. Attorneys Christopher B. Fisher, Anthony B. Gioffre, III, Andrew P. Schriever and Anthony F. Morando supported the zoning process and led the litigation team that resulted in a Federal Court decision issued by the US District Court for the Southern District of New York on Jan. 30, 2015. The District Court struck down the Town’s denial of Homeland and Verizon’s application under Section 332(c)(7) of the Telecommunications Act [TCA] and ordered the Town to issue any and all zoning and other permits for the facility within 30 days. Despite the District Court’s order, the Town refused to issue the required permits and instead, appealed the decision to the US Court of Appeals for the Second Circuit.
The Second Circuit, in affirming the District Court’s decision, adopted its reasoning and found the District Court “properly granted summary judgment in favor of Verizon and Homeland on their claim that the Town’s denial of their application constituted an effective prohibition of wireless services in violation of the TCA.” This decision is precedent for Section 332(c)(7) effective prohibition claims under the TCA and provides the first Second Circuit guidance in ruling there were significant gaps in service under the TCA.
“We are thrilled that the Second Circuit adopted Homeland and Verizon’s position regarding the significance of the service to be provided, looking at the gap’s physical size, the number of wireless users affected by the gap, the location of the gap, drop call or failure rates and other real metrics associated with providing reliable wireless services to the public. This is a critical advancement of the law, particularly when it comes to regulatory barriers to services being provided in all wireless infrastructure scenarios including towers, oDAS, small cells, whether it be coverage or capacity situations,” said Mr. Fisher.
“This case is also significant because the District Court decision was the first time that a Federal Court applied the Spectrum Act in the context of a new tower application. Congress passed the Spectrum Act to overcome bureaucratic delays in collocation of wireless infrastructure deployment, and the Court properly ruled it could not be used as a basis to deny a new tower application.”
About Cuddy + Feder
Cuddy + Feder LLP was founded in 1971 by William V. Cuddy and Robert Feder. The firm has offices in White Plains, Fishkill and New York City, as well as Stamford, CT and focuses its practice on Land Use & Zoning, Litigation, Real Estate/Transactional, Corporate, Private/Public Financing, Telecommunications Law, Environment & Sustainability, Trusts, Estates & Elder Law.