NY Trial Court Finds Enough Evidence of Potential Open Meetings Law Violation to Support Preliminary Injunction | LAW OF THE LAND

Editor’s Note: The below summary was prepared by the NYS Committee on Open Government,  See: https://www.dos.ny.gov/coog/foil_listing/findex.html

Motion by plaintiffs for a preliminary injunction enjoining defendants (Town) from enforcing an amendment to a Town building zone ordinance granted on the basis that plaintiffs had shown enough of a likelihood of success on the merits in establishing good cause for their claim of violation of the Open Meetings Law. At the outset of a public hearing regarding a controversial amendment to a local building zone ordinance, the proposed amendment was itself amended to delete a “24/7 time requirement” for free compressed air at local gasoline stations and only require the service station provide free compressed air “when the gasoline station is opened for business.” Members of the public that wished to speak to the “24/7” issue were reminded that the Town was not seeking a 24/7 time requirement. The Board reserved decision at the end of the public hearing. However, the resolution adopted several months later included the 24/7 requirement. The Court held that “[t]he express amendment to the amendment at the outset of the public hearing, to delete the ’24/7 time requirement,’ followed by the unexplained reinsertion of that requirement in the resolution approved months later, appears on its face to be an attempt to circumvent the purpose of the Open Meetings Law.”

McCabe v. Town of Hempstead, Supreme Court, Nassau County, Index no. 6892/2016 (January 5, 2017)

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State comptroller pushes savings program for disabled–Poughkeepsie Journal

Amy Wu

Gov. Andrew Cuomo signed NY ABLE into law at the end of 2015. Since its launch in New York, 163 accounts have been opened at an average of two or three a day. Many of those who signed up are 35 and under, although the oldest participants are in their 80s, said Anne Del Plato, who is overseeing the program.

On Tuesday, state Comptroller Thomas DiNapoli was in Poughkeepsie to make a push for the program and spoke to a standing-room-only crowd at The Arc of Dutchess, a nonprofit that offers resources and support to the developmentally disabled. Attendees included parents of children with disabilities, caregivers, agencies and nonprofits that focus on the disabled, and a handful of disabled adults

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The program’s requirements include being a state resident and have been diagnosed with a disability before 26.

The program’s key features include:

  • It is tax-free when used with qualified expenses such as education, transportation and personal support services.
  • Accounts can for opened by an individual, parent or guardian with $25 or $15 with payroll deduction.
  • Participants can deposit up to $14,000 annually this year, and $15,000 starting in 2018.
  • The program has a cap of $100,000 for the accounts.

NY ABLE is structured similarly to the state’s 529 College Savings Program, which has more than $27 billion invested currently, DiNapoli said. In addition, the program offers several investment options.

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