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County Planning Board Review and General Municipal Law Section 239-m

September 01, 2004

The right to adopt controls on the use of land in New York, although derived from the state's power, has largely devolved to local municipal governments through New York's Town Law and Village Law, and similar legislation for cities. There are areas, however, where the state still exercises control, frequently as general oversight in perceived problem areas -- coastal erosion and flood zones for example. The state also exercised its power, beginning in 1960, to allow for the creation of county-wide planning boards, to allow for the input of regional and county-wide considerations in local land use decisions.

Index

September 01, 2004

A guide to everything inside this issue, case by case.

Landlord & Tenant

September 01, 2004

All about the latest rulings.

Development

September 01, 2004

The latest cases in the Development arena.

Cooperatives & Condominiums

September 01, 2004

Recent cases of importance to your practice.

Real Property Law

July 30, 2004

The latest rulings of interest to you and your practice.

MERS and the Recording Act

July 30, 2004

In Merscorp. v. Romaine (see page 7, infra), Suffolk County Supreme Court was faced with a clash between the traditionally local real property recording system and the increasingly national secondary mortgage market. The County Clerk's office had refused to accept for recording instruments filed in the name of MERS (Mortgage Electronic Recording Systems, Inc.), prompting a proceeding by MERS and the operating company that owns the MERS system for a writ of mandamus compelling the County Clerk to record and index MERS instruments. The case resulted in a split decision: the County Clerk is required to record MERS mortgages, but not assignments or certificates of discharge. The court's opinion, however, reveals some misunderstanding both of the MERS system and of the recording act.

Landlord & Tenant

July 30, 2004

The latest cases.

Index

July 30, 2004

A complete list of what's inside this issue.

Cooperatives & Condominiums

July 30, 2004

Important cases for you to consider.

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