Hamburger, Maxson, Yaffe & McNally, LLP
Cordially invites you to a
Complimentary Luncheon Seminar:
ESTATE AND LONG-TERM CARE PLANNING
Protecting your Health and your Wealth
The Firm is proud to announce that Andrew K. Martingale of the Firm’s Litigation Practice and Municipal Law groups has been promoted to Partner effective January 1, 2018. read full announcement
In 2013, a major school bus transportation company, Acme Bus Corp., retained HMYM to challenge the award of student transportation contracts to its competitors in response to a request for proposals (RFP) issued by the Orange County Department of General Services. The County had awarded the contracts to the lowest cost proposer in each category, contending that to do so served the “best interests” of the County, and it neglected to follow the criteria in the RFP which, if followed, would have established Acme as the “highest scoring proposer” overall.
HMYM initiated a lawsuit against the County in the Orange County Supreme Court, which rejected its arguments that the award of the contracts was arbitrary and capricious because the County had failed to follow the requirements of the RFP. The battle was fought through three levels of judicial review which ended with victory for Acme Bus at the State’s highest court in Albany. As the Court of Appeals instructed, in agreement with HMYM’s arguments, “an award of a contract pursuant to [an RFP] is arbitrary and capricious if the municipality evaluates a proposal using a standard that deviates from a standard expressly set forth in the RFP . . . . When different standards are applied, the process is subverted. Changing the expressly defined rules mid-way gives rise to speculation of fraud or corruption.” Acme Bus Corp. v. Orange County, 28 N.Y.3d 417, 425-26 (2016).
The Firm is proud to announce that Christina A. Wilcox of the Firm’s Real Estate Transactions and Wills, Trusts and Estate groups has been promoted to Partner effective April 1, 2016. read full announcement
Todd Knauer, a named partner in the firm, retired on June 30, 2014, after more than 40 years as a distinguished member of the bar, and a valued member of the firm. “I had the pleasure of working closely with Todd, and admired his superb ability to represent the banking and business communities on commercial transactions, . . . read full announcement.
In 2011, 41 school districts retained HMYKM to challenge a Nassau County local law making them responsible for the payment of real property tax refunds emanating from the County’s erroneous property valuations. As a result of the local law, it was estimated that the school districts in the County would be responsible for upwards of $53 million in annual refunds.
HMYKM initiated a lawsuit against the County, maintaining that the local law violated several provisions of the State Constitution and the Municipal Home Rule Law limiting the authority of local governments to enact laws affecting local taxation. The battle was fought through three levels of judicial review, including the State’s highest court in Albany. In a unanimous 29-page ruling issued on February 18, 2014, the Court of Appeals agreed with our arguments and struck down the local law upon the ground that it was “unconstitutional, invalid, unenforceable and void.” Baldwin Union Free School District v. County of Nassau, ___ N.Y.2d ___, 2014 WL 590617 (Feb. 18, 2014). The Court’s ruling received prominent treatment in Newsday and the New York Law Journal.
Christina A. Wilcox, a Smithtown, NY, resident, is an associate of Hamburger, Maxson, Yaffe, Knauer & McNally, LLP concentrating in the areas of Wills, Trusts and Estates, commercial and residential real estate, and municipal law…
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Richard Hamburger will Chair the New York State Bar Association CLE seminar entitled “Ethics 2012: Being Good When Times Are Bad,” on Thursday, June 7, 2012 at the Melville Marriott.