Long Island Legal Briefs: September 12, 2003

Long Island Business News, Sep 12, 2003 by Rosamaria Mancini

A new law aimed at protecting Long Island's Pine Barrens gives local governments 60 days to enforce violations but permits the state attorney general to step in after that.

The measure, signed two weeks ago by Gov. George Pataki, satisfied both environmentalists and local officials, who were concerned that an earlier version of the bill would have cut them out of enforcement fees.

Brookhaven Supervisor John Jay LaValle said he thought the new law would work well because "all the bases were covered."

Richard Amper, executive director of the Long Island Pine Barrens Society, said the legislation improves enforcement against violators. "The towns have not always stepped up to the plate, and this bill will empower the attorney general to take action if they don't," Amper said.

The law comes about eight months after Pataki vetoed a bill that would have put the attorney general in charge of enforcement. He did so after local town supervisors of Riverhead, Southampton and Brookhaven complained that they would lose revenue from the fines to the state.

Penalties can run as high as $25,000 and $1,000 a day for offenses, such as illegally clearing trees.

Under the new law, local governments have 60 days to enforce penalties after they notify the Central Pine Barrens Joint Planning and Policy Commission of a violation.

The commission, comprised of the Suffolk County Executive, the supervisors of the Towns of Brookhaven, Riverhead and Southampton and an appointee of the governor, previously had the authority to develop and implement a comprehensive land use plan for the Pine Barrens. Now it also has the authority to enforce penalties under the Long Island Pine Barrens Maritime Reserve Act.

The bill was sponsored by state Sen. Kenneth LaValle, R-Port Jefferson, and Assemblyman Tom DiNapoli, D-Great Neck.

"New York State is committed to providing for the ongoing protection of drinking water and the unique plants and wildlife found in the Pine Barrens," Pataki said at the bill signing.

Ruskin Moscou adds three associates

Uniondale-based Ruskin Moscou Faltischek has added three associates: David Ehrlich, Frank Gobes and Moshe Jacobowitz.

Ehrlich, who joined the firm's litigation department, has extensive experience in researching and writing motions and appeals. He received his juris doctorate from Brooklyn Law School.

Gobes, who received his juris doctorate from New York Law School, specializes in trust and estate litigation, administration, taxation and drafting. He works in the firm's trusts and estates department.

Jacobwitz joins the firm's real estate department. His background is in preparing transaction documents and conducting closings for commercial and residential properties. He received his juris doctorate from Fordham University School of Law.

Michael Faltischek, Ruskin Moscou's managing partner, said the new hires will help the firm keep pace with and anticipate the growing needs of its clients.

Ruskin Moscou hosts computer crime seminar

Top law enforcement officials will participate in a continuing legal education course at Ruskin Moscou Faltischek's offices at EAB Plaza in Uniondale Thursday, Sept. 18.

Presenters at "Computer Crime Goes Corporate: A Primer on Electronic Crimes in the Workplace" include Jennifer R. Martin, senior counsel for the Computer Crime & Intellectual Property Section of the U.S. Department of Justice; Special Agent Christopher Wrobleski of the FBI, New York Office Computer Crimes Squad; Edward Heilig, chief of the Economic Crimes Bureau of the Office of the Suffolk County D.A.; Jackie L. Gross, senior attorney at NEC USA Inc.; and Alexander G. Bateman Jr., co-chair of the white collar crime and investigations group at Ruskin Moscou Faltischek.

"The recent spread of viruses severely impacting the world's computer systems, and the attendant economic impact of that activity, makes this program right on point," Bateman said. "It covers computer crime from federal and state perspectives as well as corporate security issues and strategies legal professionals can implement when responding to computer crime."

NYSBA call for public service award nominations

The New York State Bar Association is accepting nominations for its 2004 Award for Excellence in Public Service, which recognizes exceptional commitment to public service by a member of the legal profession.

All lawyers active in government service, or a related public service, are eligible for nomination. Nominations may recognize either individual service or the collective work of a team of lawyers and may cover service during 2003 or throughout a career.

Entries must be received no later than Friday, Oct. 3.