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18 Nov 2010, 6:24 am by Silverberg Zalantis LLP
Moreover, a building permit issued due to a misrepresentation by the applicant or an error by the municipal agency cannot confer rights in contravention of the zoning laws, and is subject to corrective action, even where the results may be harsh (see Matter of Parkview Assoc. v City of New York, 71 NY2d at 282; Town of Putnam Val. v Sacramone, 16 AD3d 669, 670; McGannon v Board of Trustees for Vil. of Pomona, 239 AD2d 392, 393; Baris Shoe Co. v Town of Oyster Bay,… [read post]
18 Nov 2010, 6:24 am by Silverberg Zalantis LLP
Moreover, a building permit issued due to a misrepresentation by the applicant or an error by the municipal agency cannot confer rights in contravention of the zoning laws, and is subject to corrective action, even where the results may be harsh (see Matter of Parkview Assoc. v City of New York, 71 NY2d at 282; Town of Putnam Val. v Sacramone, 16 AD3d 669, 670; McGannon v Board of Trustees for Vil. of Pomona, 239 AD2d 392, 393; Baris Shoe Co. v Town of Oyster Bay,… [read post]
12 Dec 2013, 7:30 pm by Schachtman
Martyn Smith, the chief hand waver and obscurantist in Milward v. [read post]
11 Apr 2011, 11:27 am by Law Office of D. Hardison Wood
 If passed, this bill (note: this is v.1, we are actually onto v.6 now) will impact you on a daily basis. [read post]
The two Supreme Court cases that comprise the bedrock of legal precedent for the third-party doctrine—Smith v Maryland and United States v Miller—do not apply to cell site location data, the court found: We agree with the defendant…that the nature of cellular telephone technology and CSLI and the character of cellular telephone use in our current society render the third-party doctrine of Miller and Smith inapposite; the digital age has… [read post]