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Real Estate & Land Use

28 June, 2019/0 Comments/ Scolaro Team

Real Estate & Land Use Practice Group


Real Estate & Land Use Practice Group


Overview

The goal of the Real Estate & Land Use Practice Group is to meet the real estate development needs of all our clients. Our Real Estate practice group has the experience to provide a full range of legal services, whether for a buyer or seller, landlord or tenant, lender or borrower, contractor or owner, major real estate developer, shopping center owner, national or local tenant or first time home buyer.

Attorneys within the firm’s Real Estate & Land Use Practice Group have a wide range of knowledge and skill in real estate and related matters, with backgrounds in leasing, development, title work, zoning, insurance, land use, environmental issues and municipal government laws and regulations. They work closely with all other practice areas within the firm to ensure that our clients’ needs are met.

As teachers and lecturers in real estate and ancillary fields, the members of the Real Estate Department remain at the forefront ready to assist our clients in all matters involving or related to real estate.

capabilities

The Real Estate & Land Use Practice Group’s broad areas of practice are as follows:

  • Asset Based Lending
  • Commercial and Residential Mortgage Lending
  • Commercial Leasing
  • Commercial Real Estate
  • Conservation Easements
  • Construction Law
  • Land Use and Zoning Law
  • Lender Liability Issues
  • Loan Work Outs and Debt Restructuring
  • Municipal LawReal Estate Development
  • Residential Real Estate
  • SBA and Grant Funding
  • Tax Credit Financing

attorneys

  • William B. Magnarelli, Chair | wmagnarelli@scolaro.com | Biography
  • Christopher J. Babiarz | cbabiarz@scolaro.com | Biography
  • Jerry Cosgrove | jcosgrove@nycap.rr.com | Biography
  • Jeffrey M. Fetter | jfetter@scolaro.com | Biography
  • Mark N. Levy | mlevy@scolaro.com | Biography
  • R. Michael Shafer | mshafer@scolaro.com | Biography

publications

New Homeowners Must Register to Receive NYS STAR Exemption, by Kelly J. Graves

Solar Leases – Property Owners Beware, by Kelly J. Graves

resources

GET NEW YORK REAL ESTATE DATA–ONLINE, ANYTIME

AIS can also streamline your production and reduce your search costs through online, anytime access to millions of New York state and city real estate document images, right from your desktop. Use our convenient, online solution to search current and historical land records, judgments and liens, tax data and more. Tap into this unequalled NY real estate data resource and take your production far beyond what it is today:

  • eTax Search – (All 5 NYC Boroughs) 
  • Recording Tracker – (All 62 NYS Counties) 
  • Property Search – (All 62 NYS Counties)
  • Recording Data/Index (Mortgage, Deed, etc.) – (All 5 NYC Boroughs)
  • Judgments and Liens (All 5 NYC Boroughs)
  • NYC – Direct Link to Department of Finance – (All 5 NYC Boroughs)
  • NYC – Direct Link to Department of Environmental Protection (Water Bills – All 5 NYC Boroughs)
  • Recorded Documents (All 5 NYC Boroughs and Other Select Counties)
  • Bankruptcy System

Client Alert

Solar Leases – Property Owners Beware, by Kelly J. Graves

The Real Estate Practice Group issues Frequently Asked Questions on Title Insurance

Get consultation



    LOCATIONS


    Syracuse Office

    Franklin Square
    507 Plum Street
    Suite 300
    Syracuse, NY 13204

    Phone: (315) 471-8111

    Fax: (315) 471-1355

    Cortland Office

    39 Church Street
    Cortland, NY 13045

    Phone: (315) 696-8918

    Fax: (315) 671-1217

    Tully Office

    PO Box 430
    397 State Route 281
    Suite B
    Tully, NY 13159

    Phone: (315) 696-8918

    Fax: (315) 671-1217

    https://www.scolaro.com/wp-content/uploads/2019/06/p7-1.png 292 268 Scolaro Team https://www.scolaro.com/wp-content/uploads/2019/06/logo.png Scolaro Team2019-06-28 11:11:562022-03-28 20:38:28Real Estate & Land Use

    Litigation

    28 June, 2019/0 Comments/ Scolaro Team

    Litigation Practice Group


    Litigation Practice Group


    Thank you for your interest in our Litigation Practice Group. To learn more about our services and capabilities, please select from the categories listed below.

    Overview

    Sometimes disputes cannot be settled or fairly resolved without the intervention of a court or other third party. Our litigation group provides cost-effective, quality services to a wide variety of clients in resolving often difficult and complex issues. We advocate aggressively on behalf of our clients. Our attorneys have extensive experience in state, federal and appellate courts. When appropriate, we also encourage our clients to participate in alternative dispute resolution such as mediation or arbitration. We have successfully prosecuted and defended our clients’ interests in a myriad of disputes including:

    • Commercial Litigation
      • Shareholder and Partner Disputes
      • Corporate and Partnership Dissolution Proceedings
      • Restrictive Covenants/Covenants Not To Compete
      • Confidentiality Agreements
    • Estate Litigation
    • Tort Claims
    • Construction
    • Commercial collections

    At Scolaro Fetter Grizanti & McGough, P.C. we also have the benefit of working closely with other attorneys within the firm who possess widely recognized expertise in their respective practice areas.

    Finally, we recognize that litigation can be a difficult experience. With that in mind, we are committed to providing sound advice to assist our clients in making significant decisions affecting their lives and businesses. We strive to help our clients understand unique legal issues and to develop strategies for an efficient resolution of their disputes.

    capabilities

    Additional information concerning the Family Law Practice Group follows:

    • Commercial Leasing
    • Construction Law
    • Contracts
    • Copyright Law
    • Corporate/Partnership Law
    • Criminal Law
    • Directors and Officers Liability
    • Discrimination/Civil Rights
    • Environmental Law
    • ERISA
    • Insurance Coverage Issues
    • Personal Injury Matters
    • Products Liability
    • Real Property Law
    • Tax Law
    • Vehicle and Traffic Law
    • Will Contests and Trust Litigation
    • Zoning Law

    attorneys

    • Chaim J. Jaffe, Chair | cjaffe@scolaro.com | Biography
    • Amy B. Egitton | aegitton@scolaro.com | Biography
    • Douglas J. Mahr | dmahr@scolaro.com | Biography

    publications

    Alternative Dispute Resolution – Continued, by Chaim J. Jaffe

    New York’s Highest Court Ruled That a Non-Biological Caretaker of Child Has Standing to Seek Custody, by Gina M. Glover

    Alternative Dispute Resolution – It Does Make Sense, by Chaim J. Jaffe

    Arbitration – A Useful Form of Alternative Dispute Resolution, by Chaim J. Jaffe

    Custody Rights in Same Sex Marriage, by Amy B. Egitton

    Disgruntled Employee Claims and the Importance of Record Keeping, by Chaim J. Jaffe

    General Obligation Law § 5-905: Certain Lease Provisions Inoperative Without Express Notice to Tenant, by Douglas J. Mahr, Frederick J. Alfreds and Kelly Woytowich

    Governor Cuomo Expands E-Filing Requirement in Courts, by Chaim J. Jaffe

    Landlords Beware – Do Not Comingle Security Deposits, by Chaim J. Jaffe, with supporting case law.

    New York General Obligations Law Automatic Renewal Provisions, by Douglas J. Mahr and Shannon B. O’Neill

    Turning the Tables on Contracts with Attorney’s Fees Clauses, by Douglas J. Mahr, Esq., Frederick J. Alfreds, 3L S.U. Law School, and Erika H. Hooker, 2L S.U. Law School

    A Waiver of Lien Can Help, by Douglas J. Mahr

    resources area

    NY Courts.Gov – New York State Unified Courts System – There is a wealth of valuable resources found of this website.

    NYCourts.gov – The Office of Alternative Dispute Resolution – The NYS Unified Court System is committed to promoting the appropriate use of mediation and other forms of alternative dispute resolution (ADR) as a means of resolving disputes and conflicts peacefully.  Find a Community Dispute Resolution Center Near You

    How to get legal help

    Get consultation



      LOCATIONS


      Syracuse Office

      Franklin Square
      507 Plum Street
      Suite 300
      Syracuse, NY 13204

      Phone: (315) 471-8111

      Fax: (315) 471-1355

      Cortland Office

      39 Church Street
      Cortland, NY 13045

      Phone: (315) 696-8918

      Fax: (315) 671-1217

      Tully Office

      PO Box 430
      397 State Route 281
      Suite B
      Tully, NY 13159

      Phone: (315) 696-8918

      Fax: (315) 671-1217

      https://www.scolaro.com/wp-content/uploads/2019/06/p6-1.png 292 268 Scolaro Team https://www.scolaro.com/wp-content/uploads/2019/06/logo.png Scolaro Team2019-06-28 11:11:462022-07-01 21:05:54Litigation

      Family

      28 June, 2019/0 Comments/ Scolaro Team

      Family Law Practice Group


      Family Law Practice Group


        Thank you for your interest in our Family Law Practice Group. To learn more about our services and capabilities, please select from the categories listed below.

      Overview

      The Family Law Practice Group works closely with individual clients. It has a reputation for excellence in the field of Family Law. Our staff has many years of experience working with clients through a difficult period in their lives and is sensitive to the many issues that arise with this practice area. The Family Law Practice Group is active in the negotiation and litigation of various family issues. These issues include Divorce, Separation, Pre-marital Agreements, Property Division, Child Support, Maintenance, Custody and Adoption. These issues also include Adult Guardianship under the Mental Health Law. The Family Law Practice Group is aware of the intense emotional and financial stress that individuals face when dealing with these issues. They are sensitive not only to the legal issues involved but to the needs of the individual client, and they pride themselves on delivering personalized legal services. They are dedicated to ensuring client involvement in all aspects of representation.

      The Family Law Practice Group often becomes involved in sophisticated business evaluations and related issues. As a result, the members of the Family Practice Group work closely with other firm attorneys. The law firm of Scolaro Fetter Grizanti & McGough, P.C. is well known for its business expertise and brings the scholarship of many related disciplines to the field of Family Law.

      Amy B. Egitton is a member of Central New York Collaborative Family Law Professionals, Inc., which is a not-for-profit organization of independent family law attorneys, financial experts, and mental health professionals aligned with the principles and ethical standards of the International Academy of Collaborative Professionals. We are proud to have Amy involved with Collaborative Family Law Professionals, Inc. to provide Central New York families with effective out-of-court solutions to the difficult, practical, emotional, and economic issues of divorce and separation, particularly as they affect family identity and children.

      • Adoption
      • Collaborative Law
      • Custody and Child Support
      • Divorce and Separation
      • Guardianship Proceedings
      • Prenuptial and Postnuptial Agreements
      • Qualified Domestic Relations Orders

      capabilities

      Additional information concerning the Family Law Practice Group follows:

      • Adoption Law
      • Child Custody
      • Divorce
      • Guardianship
      • Matrimonial Law
      • Marital Agreements
      • Paternity
      • Premarital Agreements
      • Postnuptial Agreements

      attorneys

      • Amy B. Egitton | aegitton@scolaro.com | Biography

      publications

      New York’s Highest Court Ruled That a Non-Biological Caretaker of Child Has Standing to Seek Custody, by Gina M. Glover

      Custody Rights in Same Sex Marriage, by Amy B. Egitton

      New York State Overhauls Spousal Maintenance Formula, by Amy B. Egitton

      resources area

      NY Courts.Gov – New York State Unified Courts System – There is a wealth of valuable resources found of this website.

      What’s New in Matrimonial Legislation and Court Rules – The prior IWO forms adopted for use in NYS Supreme Courts by Administrative Order dated September 19, 2012 were repealed by said Administrative Order dated April 25, 2014. At the same time, the Uncontested Divorce Booklet Instructions were amended to include the new IWO forms in the Uncontested Divorce Packets. The newly adopted LDSS- 5039 Form now contains instructions for filling out the LDSS -5037 and LDSS-5038 and NYS Case Registry Form. Corresponding changes were made to Child Support Resources.

      The Law – Divorce Resources – Here you will find:

      Divorce information and frequently asked questions,

      How to get legal help,

      Information on alternative dispute resolution (ADR),

      Resources for parents, and more.

      You can also learn about divorce resources available in your county.

      New York Child Support Calculations – Calculate your New York Child Support Payment and learn much more.

      Collaborative Family Law Professionals, Inc. – This is a not-for-profit organization of independent family law attorneys, financial experts, and mental health professionals aligned with the principles and ethical standards of the International Academy of Collaborative Professionals.

      Web Family is provided as a FREE public service by the New York State Unified Court System. This website provides online access to information about Family Court cases with future appearance dates in all Family Courts and Integrated Domestic Violence (IDV) Courts in New York State. You may search for cases by file number or case docket number, look up cases by attorney or firm name, and view calendars for each court. Please note that no names of parties or other personal identification information is available here.

      client alerts

      New York State Overhauls Spousal Maintenance Formula, by Amy B. Egitton

      Get consultation



        LOCATIONS


        Syracuse Office

        Franklin Square
        507 Plum Street
        Suite 300
        Syracuse, NY 13204

        Phone: (315) 471-8111

        Fax: (315) 471-1355

        Cortland Office

        39 Church Street
        Cortland, NY 13045

        Phone: (315) 696-8918

        Fax: (315) 671-1217

        Tully Office

        PO Box 430
        397 State Route 281
        Suite B
        Tully, NY 13159

        Phone: (315) 696-8918

        Fax: (315) 671-1217

        https://www.scolaro.com/wp-content/uploads/2019/06/p5-2.png 292 268 Scolaro Team https://www.scolaro.com/wp-content/uploads/2019/06/logo.png Scolaro Team2019-06-28 11:11:252021-08-03 21:32:58Family

        Estate Planning & Wealth Preservation

        28 June, 2019/0 Comments/ Scolaro Team

        Estate Planning & Wealth Preservation


        Estate Planning & Wealth Preservation Practice Group


        Overview

        Welcome to the Estate Planning and Wealth Preservation Practice Group of the Scolaro Law Firm. We are pleased that you have chosen to work with us to design and implement your estate plan.

        Since our firm’s inception more than 35 years ago, we have focused our practice largely on assisting our clients

        • as they accumulate assets and grow their estates,
        • as they develop and grow their businesses or professional practices,
        • as they plan for the eventual disposition of their estates,
        • as they plan for retirement,
        • as they work to preserve their estates in light of the ever changing rules governing the imposition of income taxes as well as gift, estate and generation-skipping taxes,
        • as they seek to protect their assets from the potential claims of creditors, and
        • ultimately, as their estates are passed on to later generations or other beneficiaries.

        Wealth Planning and Preservation comprises the accumulation, conservation, and eventual transfer of one’s wealth through the design and implementation of a comprehensive estate plan. Our overall purpose is to work with our clients and their other financial advisors to develop a plan that maintains the client’s financial security and that of their families while at the same time facilitating the management of their assets during lifetime and the orderly and efficient transfer of their estates at death.

        Many members of the firm’s Estate Planning and Wealth Preservation Practice Group overlap their practices with our Business & Tax Practice Group, Agricultural Services Practice Group, and our Employee Benefits Group. Estate Planning and Wealth Preservation members are often involved in structuring new businesses, creating and implementing business succession plans and designing and establishing employee benefit plans.

        Charitable Giving is often an important component of our clients’ estate plans. Members of the Estate Planning and Wealth Preservation Practice Group have developed an expertise in all types of charitable giving including the creation of Charitable Remainder Trusts, Charitable Lead Trusts, Private Foundations and the use of Donor Advised Funds through local Community Foundations.

        Estate Planning
        The Estate Planning and Wealth Preservation Group works closely with the firm’s clients (individuals as well as businesses) to design and implement estate plans that achieve the client’s goals of asset distribution among beneficiaries in a tax effective manner.

        In addition to working directly with the firm’s clients, the Estate Planning and Wealth Preservation Practice Group typically works in conjunction with the client’s other financial and planning professionals in order to maintain a coordinated approach throughout the estate planning process.

        Probate & Administrative Services
        Our Estate Planning and Wealth Preservation Practice Group provides a complete range of probate and administrative services including representation of estates in Surrogate’s Court, guidance for trustees and executors in connection with their administration of trusts and estates and post-mortem estate planning.

        We assist families in all aspects of estate administration including the commencement of appropriate court proceedings to effect the probate of a decedent’s will, working with executors in marshaling estate assets and in the disposition of those assets, the preparation and filing of all required estate and inheritance tax returns as well as fiduciary income tax returns, and the finalization of the estate’s administration in Surrogate’s Court. We also offer advice and counsel with respect to post-mortem estate planning options designed to reduce estate and income taxes. In addition to the preparation and filing of state and federal estate tax returns, the Estate Planning and Wealth Preservation represents executors and trustees before the Internal Revenue Service and in the United States Tax Court.

        To aid the executor or trustee, the Estate Planning and Wealth Preservation Practice Group employs the latest in accounting and tax compliance technology. This technology allows us to undertake the preparation of trust accountings in an efficient and cost-effective manner.

        The Estate Planning and Wealth Preservation Practice Group also administers various types of trusts. These include life insurance trusts, living trusts, charitable trusts, private foundations and trusts created under wills. This service includes assisting the client in funding these trusts, coordinating ongoing contributions to the trust, maintenance of trust bank accounts and undertaking all required communications between trustees and trust beneficiaries. We also provide services with respect to the preparation of gift tax returns required in connection with the implementation of our clients’ estate plans.

        The attorneys in the Estate Planning and Wealth Preservation Practice Group are licensed to practice in New York State, Pennsylvania and Florida. Working with correspondent law firms in other states, we frequently accommodate clients with estate and trusts matters outside of New York State.

        Our highly skilled professionals are experienced in all aspects of probate matters, estate, gift and fiduciary income taxation and trust administration. Sensitive to our clients’ needs, our professional staff offers these services in a caring and compassionate manner.

        • Estate Planning
        • Wills, Revocable Trusts, Irrevocable Trusts, and Beneficiary Designations
        • Elder Law and Medicaid Planning
        • Estate Planning for Disabled and Special Needs Individuals
        • Asset Protection Planning
        • Estate and Trust Administration
        • Estate, Gift, and Generation-Skipping Tax Planning and Compliance
        • Fiduciary and Individual Income Tax Planning and Compliance
        • Powers of Attorney, Health Care Proxies, and Living Wills
        • Probate, Intestate Succession, and other Surrogate’s Court Proceedings

        capabilities

        An Introduction to Estate Planning and planning documents that cover the following

        • ESTATE PLANNING BASICS
          • An Introduction to Estate Planning
          • Probate and Non-Probate Property
          • Potential Pitfall – Joint Ownership of Bank Accounts
          • Potential Pitfall – Informally Prepared Beneficiary Designations
        • IMPORTANT ESTATE PLANNING DOCUMENTS
          • Last Will and Testament
          • Revocable Trust or Living Trust
        • ANCILLARY ESTATE PLANNING DOCUMENTS
          • Durable General Power of Attorney
          • Health Care Power of Attorney or Health Care Proxy
          • Living Will
          • Planning For Long-Term Care
        • TAXES
        • THE FEDERAL ESTATE, GIFT AND GENERATION-SKIPPING TAX
          • Federal Applicable Exclusion Amount (or “Unified Credit”)
          • Generation Skipping Transfer Tax
          • Unlimited Marital Deduction
        • NEW YORK ESTATE AND GIFT TAX
          • New York’s Limitation

        attorneys

        • Anthony J. Grizanti, Chair | agrizanti@scolaro.com | Biography
        • Jeffrey M. Fetter | jfetter@scolaro.com | Biography
        • Shane M. McCrohan | smccrohan@scolaro.com | Biography
        • Stewart M. McGough | smcgough@scolaro.com | Biography

        publications

        Last-Minute Medicaid Planning for Loved Ones in Nursing Homes, by Shane M. McCrohan

        An Introduction to Estate Planning, John S. King – This memorandum is designed as a preliminary introduction to a number of important concepts and terms involved in the estate planning process.

        Boomers Be Advised and Be Aware, John S. King

        Budget Bill Changes Social Security Claiming Strategies, John S. King

        But I Don’t Need A Will, Richard D. Boyle

        Charitable Gift, 2016, by Jeffrey M. Fetter

        Digital Asset Planning, by Meghan McGrattan Pompo

        Estate Planning the Second Time Around, John S. King, Elder Law Attorney, vol. 8, no. 3 (Summer 1998): 11-14. The purpose of this article is to suggest to the estate planning lawyer that he or she seriously consider counseling clients to go through the estate planning process a second time around, but that this time they consider working on the estate plans of their children as well as their own.

        Estate Plan Questionnaire – Short Form

        Estate Plan Questionnaire – Long Form

        “Estate Planning for Closely Held Business Owners”, John S. King for the June 3, 2005 edition of the Central New York Business Journal.

        IRA Qualified Charitable Distribution (QCD) Provision Now Permanent, by Thomas Bezigian, Jr.

        Is an Annual Exclusion Gift on Your List?, by Steven A. Walker

        New Estate Basis Reporting Requirements, by Anthony J. Grizanti and Meghan A. McGrattan

        New York Approves Tax-Advantaged Savings Account (“ABLE Account”) for Disabled, by Shane M. McCrohan

        New York Imposes Estate Taxes on Non-Residents Owning New York Real Property, by Stewart M. McGough

        New York Just Can’t Seem to Let You Go, by Jeffrey M. Fetter

        New York Medicaid Eligibility and Limits, 2017 Changes, by Shane M. McCrohan

        New York State Estate Tax Alert, by John King

        New York Supplemental Needs Trust, by Anthony J. Grizanti

        Planning For Your Final Arrangements,

        Proposed IRS Regulations to Curtail Valuation Discounts to Family-Controlled Entities, by Thomas Bezigian, Jr.

        Should I Update My Estate Plan?, by Meghan A. McGrattan

        The Perils of IRA Beneficiary Designations: When Even a Judge Can’t Save You, Thomas Bezigian, Jr.

        The Use of Revocable Trusts in Your Estate Plan, by Anthony J. Grizanti and Meghan McGrattan

        To Probate or Not to Probate – The Potential Life Insurance Policy/Stock Quagmire, by Jeffrey M. Fetter

        Wait! I Thought that New York Didn’t Have a Gift Tax?!, by Anthony J. Grizanti

        resources

        Estate Plan Questionnaire – Short Form

        Estate Plan Questionnaire – Long Form

        New York Medicaid Eligibility and Limits for Income, Assets and Spousal Impoverishment, 2016 Changes

        Planning For Your Final Arrangements, by Shane M. McCrohan

        Responsibilities of Trustees and Executors

        Get consultation



          LOCATIONS


          Syracuse Office

          Franklin Square
          507 Plum Street
          Suite 300
          Syracuse, NY 13204

          Phone: (315) 471-8111

          Fax: (315) 471-1355

          Cortland Office

          39 Church Street
          Cortland, NY 13045

          Phone: (315) 696-8918

          Fax: (315) 671-1217

          Tully Office

          PO Box 430
          397 State Route 281
          Suite B
          Tully, NY 13159

          Phone: (315) 696-8918

          Fax: (315) 671-1217

          https://www.scolaro.com/wp-content/uploads/2019/06/estateplaning-1.png 293 268 Scolaro Team https://www.scolaro.com/wp-content/uploads/2019/06/logo.png Scolaro Team2019-06-28 11:11:102022-07-01 21:06:33Estate Planning & Wealth Preservation

          Employee Benefits & Executive Compensation

          28 June, 2019/0 Comments/ Scolaro Team

          Employee Benefits & Executive Compensation


          Employee Benefits & Executive Compensation Practice Group


          Overview

          The Employee Benefits Group is dedicated to providing timely and practical advice on all aspects of employee benefits and compensation planning. We regularly counsel clients with respect to tax, ERISA and practical issues related to establishing, maintaining, administering, and terminating qualified and non-qualified employee benefit plans, health and welfare plans, severance plans and executive compensation plans and arrangements (both equity and non-equity plans). We routinely assist clients in designing, implementing and maintaining such plans, and we advise clients with respect to legal compliance and fiduciary issues. We advise clients with respect to employee benefits issues in mergers, acquisitions, divestitures and other major business transactions. We also represent clients in employee benefits litigation, in obtaining tax and ERISA rulings and in response to IRS and Department of Labor audits. Our goal is to use our extensive experience to provide practical, creative and cost-effective solutions to the diverse and complex problems that our clients face in providing competitive employee benefits and compensation.

          In addition, we maintain an IRS-approved volume submitter defined contribution plan. This plan is specifically designed for small and medium-sized employers and can be used for 401(k), profit-sharing and money purchase pension plans. Use of this volume submitter plan frequently results in reduced IRS fees and legal costs to implement and maintain a qualified plan.

          Most states, including New York State, differentiate between business entities organized for the practice of a regulated profession and all other business entities. Scolaro Fetter Grizanti & McGough, P.C. has represented professional practitioners such as accountants, architects, attorneys, engineers, landscape architects, individually licensed physicians, dentists, optometrists, chiropractors, podiatrists, physical and occupational therapists and other healthcare professionals, their respective practices, and their professional organizations.

          The attorneys practicing within the firm’s Employee Benefits and Executive Compensation Practices Group provide counsel to our clients for those legal issues surrounding the formation, acquisition, operation, maintenance, merger, dissolution and termination of these business entities within the special context applicable to licensed professionals and their practices. In addition, the firm represents licensed professionals before peer review organizations and licensing boards.

          • Benefits Structure – Legal Analysis
            • Plan Drafting
            • Plan Qualification
          • Compensation Packages
          • ERISA Litigation
          • Distribution Advice
          • Fiduciary Counseling and Plan Termination Guidance
          • Flexible Benefits Plans and Health Reform
          • Plan Administration Advice
          • Other Benefits Advice

          capabilities

          Benefits Structure – Legal Analysis
          Members of the Employee Benefits Practice Group consult with clients regarding laws and regulations affecting benefit plans, including tax, labor and employment (ADEA, EEOC, ADA, FMLA), ERISA, and state prevailing wage laws.

          Plan Drafting
          Plans are drafted to meet the most recent federal and state requirements and include pension, profit sharing, thrift, 401(k) and savings plans; related trust agreements; life, accident and disability plans; flexible benefits and cafeteria plans; employee stock ownership plans; simplified employee pension plans (SEPs); required welfare plan documents; Section 403(b) tax-sheltered annuity plans; and Section 457 deferred compensation plans. Many of the firm’s plans are pre-approved by the IRS for faster processing.

          Plan Qualification
          We handle the complete tax qualification filing of a retirement plan and prepare the required summary plan description. We also advise on compliance with ERISA reporting and disclosure requirements and preparation of IRS private letter ruling requests.

          Compensation Packages
          Compensation packages for key executives, including non-qualified deferred compensation, stock option plans, phantom stock plans and insurance plans, are designed by the Employee Benefits Practice Group lawyers in coordination with the individual estate plan of the executive.

          Distribution Advice
          Practice Group members advise employers and employees on taxation of plan distributions and coordinate the filings and compliance with all DOL, IRS and Pension Benefit Guaranty Corporation requirements.

          ERISA Litigation
          The Employee Benefits Practice Group, working with the firm’s Litigation Department, regularly assists clients in bringing or defending ERISA litigation, and advises clients on fiduciary responsibilities, litigation risks and administrative enforcement activities.

          Fiduciary Counseling and Plan Termination Guidance
          Employers, plan trustees and others are counseled regarding fiduciary responsibility, transactions, unrelated business income, mergers and transfers of plan assets, prohibited transactions, and multi-employer plan issues, including withdrawal liability.

          Flexible Benefits Plans and Health Reform
          We design flexible benefits and cafeteria plans, including premium only plans, dependent care assistance and medical reimbursement account plans, and we help clients administer these plans.

          Plan Administration Advice
          We help clients interpret and administer plans, benefits and insurance contracts.

          Other Benefits Advice
          Our benefits lawyers provide consultation regarding individual retirement accounts (IRAs), health maintenance organizations (HMOs), preferred provider organizations (PPOs), multiple employer welfare arrangements (MEWAs), COBRA health plan continuation coverage compliance, Taft-Hartley Plans, workers’ compensation, employment taxes, unemployment compensation, Social Security and integration of retirement plan benefits. In addition, our employee benefits lawyers work with other departments in the firm on benefits-related matters, such as the sale or purchase of business with single or multi-employer pension plans, labor negotiations regarding fringe benefits, employment agreements, and estate or dissolution planning for pension benefits

          attorneys

          • Stewart M. McGough, Chair | smcgough@scolaro.com | Biography

          publications

          Common Administration Mistakes in 401(k) or Profit Sharing Plans – Compensation Definitions, by Carol A. Christiansen

          Hardship Distributions – Common Mistakes in the Administration of Your 401k or Profit Sharing Plan, by Carol A. Christiansen

          How to Correct Common Mistakes in the Administration of Your 401(k) or Profit Sharing Plan by Carol A. Christiansen

          resources

          • United States Department of Labor – Bureau of Labor Statistics – This site provides a wealth of economic information that you can filter by state, industry and regionNew York State Department of Labor – Worker Protection – This site is dedicated to providing quality services to the people, businesses and governments in the State of New York. They are committed to protecting all of their customers from illness, injury and injustice by assisting them in their efforts to achieve compliance with New York’s Labor Laws.New York State Governor’s Office of Employee Relations – State employees have access to benefits and programs on a variety of topics including attendance and leave, health, careers, training, balancing work/life balance, pre-tax savings, and retirement.
            • Orientation Handbook
              An overview of state employee benefits, work rules, and policies.
            • Equal Employment Opportunity Rights and Responsibilities – A Handbook for Employees of New York State Agencies
              Information for New York State employees on their rights and responsibilities under state and federal law with respect to equal employment opportunity.
            • Employee Benefit Programs
              Links to information about the employee benefit programs available to state employees.

          Get consultation



            LOCATIONS


            Syracuse Office

            Franklin Square
            507 Plum Street
            Suite 300
            Syracuse, NY 13204

            Phone: (315) 471-8111

            Fax: (315) 471-1355

            Cortland Office

            39 Church Street
            Cortland, NY 13045

            Phone: (315) 696-8918

            Fax: (315) 671-1217

            Tully Office

            PO Box 430
            397 State Route 281
            Suite B
            Tully, NY 13159

            Phone: (315) 696-8918

            Fax: (315) 671-1217

            https://www.scolaro.com/wp-content/uploads/2019/06/practice-employe-benefit.jpg 292 268 Scolaro Team https://www.scolaro.com/wp-content/uploads/2019/06/logo.png Scolaro Team2019-06-28 11:10:562021-10-03 14:32:10Employee Benefits & Executive Compensation

            Business & Tax

            28 June, 2019/0 Comments/ Scolaro Team

            Business & Tax Practice Group


            Business & Tax Practice Group


            Overview

            The Business & Tax Practice Group provides a broad range of services to its business clients in planning the structure and operation of the closely-held business as well as working with the owners in developing estate and business succession plans that minimize the estate and income tax consequences of transferring their interests in the business.

            As general counsel for most of our business clients, we provide integrated legal representation in the many areas of practice that impact upon the day-to-day operations of the business as well as in those unexpected complex areas in which a client may find itself from time to time.

            Our Business & Tax Practice Group is composed of attorneys in varied areas of the law who work closely together to provide our clients with the expertise and resources of a large firm, but with the attention, efficiencies and responsiveness expected from a smaller specialty firm.

            Attorneys within the Business & Tax Practice Group are involved in all aspects of corporate governance including acquisitions, mergers and reorganizations of the business. We also counsel our clients with respect to contract negotiation, preparation and dispute resolution for domestic as well as international transactions.

            Today’s complex and continuously evolving tax laws require the individual, entrepreneur and business owner to rely on the assistance of tax professionals who have the experience and knowledge required to effectively counsel them on particular matters. Whether it’s counseling our clients with the acquisition, reorganization or sale of a business, the structuring of an estate plan or negotiating on their behalf before the State Department of Taxation or the Internal Revenue Service, the attorneys who are members of our Business & Tax Practice Group have earned their reputation for achieving results and peace of mind for their clients.

            Our tax professionals are frequently invited to be lecturers before bar associations and state and local professional organizations on various complex tax topics such as estate tax planning, mergers, acquisitions, tax free reorganizations and business succession planning.

            • Business Development and Formation
            • Buying and Selling of Businesses
            • Estate and Tax Planning and Administration
            • Federal and State Income Taxation
            • Limited Liability Companies
            • Mergers and Acquisitions
            • S Corporations
            • Succession Planning

            capabilities

            Areas of practice include:

            • Agribusiness Planning
            • Business Development and Formation
            • Buying and Selling of Businesses
            • e-Commerce and B2B & Transactional Planning
            • Estate and Gift Taxation
            • Estate and Trust Planning and Administration
            • Federal and State Income Taxation
            • Generation Skipping Tax
            • Limited Liability Companies
            • Mergers and Acquisitions
            • Not for Profit Corporations and Organizations
            • Partnerships and Joint Ventures
            • Sales and Use Tax
            • S Corporations
            • Succession Planning

            attorneys

            For more information on our firm and its Business Practice Group, please contact any of the following attorneys:

            • Jeffrey M. Fetter, Chair | jfetter@scolaro.com | Biography
            • Daniel J. Fetter | dfetter@scolaro.com | Biography
            • Anthony J. Grizanti | agrizanti@scolaro.com | Biography
            • Mark N. Levy | mlevy@scolaro.com | Biography
            • William B. Magnarelli | wmagnarelli@scolaro.com | Biography
            • Stewart M. McGough | smcgough@scolaro.com | Biography
            • R. Michael Shafer | mshafer@scolaro.com | Biography

            publications

            Benefits of Employee Handbooks, by Daniel J. Fetter

            Business and Business Owner Year-End Tax-Planning Strategies Should be Reviewed in November 2015, by Jeffrey M. Fetter

            Disgruntled Employee Claims and the Importance of Record Keeping, by Chaim J. Jaffe

            Does Your Business Have a Buy-Sell Agreement in Place?, by Thomas Bezigian, Jr.

            Estate, Business and Succession Planning for the Family Owned and Closely Held Business in New York, by Jeffrey M. Fetter

            Increased Penalties for Violations of Federal Immigration Laws, by Daniel J. Fetter

            IRA Qualified Charitable Distribution (QCD) Provision Now Permanent, by Thomas Bezigian, Jr.

            New Partnership Tax Audit Rules Demand Your Attention, by Stewart M. McGough

            “New York Just Can’t Seem to Let You Go”, by Jeffrey M. Fetter

            New York State Approves Changes to Minimum Wage and Paid Leave Act, by Richard D. Boyle

            New York State’s WBE Program, by Shannon B. O’Neill

            Overtime Rules Modified by U.S. Department of Labor, by Stewart M. McGough

            Proposed IRS Regulations to Curtail Valuation Discounts to Family-Controlled Entities, by Thomas Bezigian, Jr.

            Protecting Your Corporation From Outsiders, by Richard D. Boyle

            Some Quick and Easy Year-End Tax Strategies, by Jeffrey M. Fetter

            Year-End Planning: Watch Out for the Required Minimum Distribution Rules to Avoid Penalties, by Jeffrey M. Fetter

            Resource Area

            Business First, your one-stop shop for all of the statewide economic development programs New York has to offer.

            Empire State Development – Central New York State Regional Office – The Central New York Regional Office of Empire State Development will work closely with you to identify and fulfill your business goals. Economic development programs are available to assist in building a new facility, relocating a business, expanding operations and workforce, and entering new markets and international arenas.

            Empire State Development – Small Business – Small business represents 98 percent of all business in New York State. Empire State Development’s Division for Small Business is established in New York State Economic Development Law to represent the interests of small businesses and to support the development and expansion of small businesses with under 100 employees.

            Excelsior Jobs Program provides job creation and investment incentives to firms in such targeted industries as biotechnology, pharmaceutical, high-tech, clean-technology, green technology, financial services, agriculture and manufacturing. Firms in these industries that create and maintain new jobs or make significant financial investment are eligible to apply for up to four new tax credits.

            The Program encourages businesses to expand in and relocate to New York.

            Internal Revenue Service Resources – Sign up for tax tips filing session updates.

            New York State Tax Calculator – The New York tax calculator is updated for the 2015/16 tax year. This tax calculator performs as a standalone State Tax calculator for New York. It does not take into account federal taxes, medicare deductions, et al.

            New York State Wine, Beer, Spirits & Cider – This site was designed for beer, wine, cider, and spirits producers, as well as farmers, industry officials, and tourism experts to provide information on permits, incentives, and ways to start your business, continue your business, and to flourish in New York!

            Additional Resources

            • Businesses
            • Charities & Nonprofits
            • IRS Tax MapOnline Tools
            • Tax Code & Regulations
            • Tax Professionals
            • Tax Topics
            • Tax Treaties

            Corporate Tax Reform – The 2014-15 New York State Budget enacted on March 31, 2014, contains the most significant reform of New York State’s corporate tax system since the 1940s. (Part A of Chapter 59 of the Laws of 2014). The changes are generally effective for tax years beginning on or after January 1, 2015.

            Estate, Business and Succession Planning for the Family Owned and Closely Held Business in New York

            New York State Department of Tax and Finance:

            • Forms and Instructions
            • Property Taxes and Assessments

            Client Alert

            CLIENT ALERT: On April 4, 2016 Governor Andrew Cuomo signed into law two pieces of legislation that employers, as well as employees, need to be aware of: (1) A statewide incremental increase in the minimum wage to $15.00 per hour; and (2) Mandated paid family leave (“Paid Leave Act”).

            CLIENT ALERT:  New York snowbirds must carefully plan before changing their residency to Florida as New York just can’t seem to them go.

            CLIENT ALERT:  Business and Business Owner Year-End Tax-Planning Strategies Should be Reviewed in November 2015

            Get consultation



              LOCATIONS


              Syracuse Office

              Franklin Square
              507 Plum Street
              Suite 300
              Syracuse, NY 13204

              Phone: (315) 471-8111

              Fax: (315) 471-1355

              Cortland Office

              39 Church Street
              Cortland, NY 13045

              Phone: (315) 696-8918

              Fax: (315) 671-1217

              Tully Office

              PO Box 430
              397 State Route 281
              Suite B
              Tully, NY 13159

              Phone: (315) 696-8918

              Fax: (315) 671-1217

              https://www.scolaro.com/wp-content/uploads/2019/07/p2.png 292 268 Scolaro Team https://www.scolaro.com/wp-content/uploads/2019/06/logo.png Scolaro Team2019-06-28 11:10:352022-07-01 21:06:59Business & Tax

              Agricultural Services

              28 June, 2019/0 Comments/ Scolaro Team

              Agricultural Services Practice Group


              Agricultural Services Practice Group


              Overview

              Scolaro Fetter Grizanti & McGough, P.C. has established itself as a leading provider of legal services to the agriculture community throughout New York, Pennsylvania and other states. The firm represents farms, farm families and agriculture-related businesses such as equipment dealers, equipment & product manufacturers, consultants and other service organizations. The firm has participated in numerous successful farm, estate, business and succession plans over the past thirty years, each case presenting unique facts and circumstances that must be addressed.

              When representing agriculture-based businesses, it is important to not only understand the general principles of business, estate and tax planning, but it is equally important to clearly understanding the specific needs of the farm and its owners. Many farms and farm-related businesses remain within the same family for many generations. In many cases, there are both farm and non-farm heirs within the family and care must be taken to properly provide for everyone while protecting the primary asset of the family – the family farm.

              Today’s farm economy presents many challenges to the farm business and to its advisors. It is important that the farm advisors work together as a team to address these challenges and to best serve the farm client.

              Attorneys of the firm have presented seminars and programs to agricultural clients and their advisors in many parts of the country.

              • Business and Tax Planning
              • Entity Formation
              • Estate and Trust Planning and Administration
              • Financing
              • Land Acquisition and Leasing
              • Liquor Licensing, Farm Market Licensing, and USDA Compliance
              • Regulatory and Compliance Issues
              • Succession Planning

              capabilities

              • Business Entity Selection, Organization and Representation
              • Business Sales, Acquisitions, Mergers, Reorganizations and Development of Strategic Alliances and Partnerships among Farm Businesses
              • Empire Zone Benefits Application and Negotiation
              • Employment and Labor Matters
              • Estate and Trust Planning and Estate Administration
              • Establishment of Retirement Plans for Owners and Employees
              • Farm Succession and Transition Planning
              • Governmental Support Program Applications and Disputes
              • Long Term Care Planning
              • Personal Injury Matters for both Plaintiffs and Defendants
              • Purchase of Development Rights
              • Real Property Purchases, Leases, Sales, Section 1031 Exchanges, Subdividing and Dispute Resolution between Adjoining Landowners
              • Representation of Farms in Stray Voltage Matters
              • Strategic Partnering between Agriculture Entities
              • Tax and Finance Planning for Farms, Agriculture-Related Businesses and their OwnersContract Negotiation, Dispute Resolution and Litigation

              attorneys

              • Jeffrey M. Fetter, Chair | jfetter@scolaro.com | Biography
              • Jerry Cosgrove | jcosgrove@nycap.rr.com| Biography
              • Daniel J. Fetter | dfetter@scolaro.com | Biography
              • Chaim J. Jaffe | cjaffe@scolaro.com | Biography
              • Shane M. McCrohan | smccrohan@scolaro.com | Biography
              • R. Michael Shafer | mshafer@scolaro.com | Biography

              publications

              Choice of Entity – Utilization of Trusts in Estate and Business Succession Planning, by: Jeffrey M. Fetter

              Farm Buy-Sell Agreements, by: Jeffrey M. Fetter

              2016 New York Farm Succession Planning, by: Jeffrey M. Fetter

              Reward and Retain – Keeping Key Employees on the Farm, by Sara Schafer, Top Producer Magazine, December 2015

              The Role of the Banker and the Advisory Team in a Difficult Economy, written by Jeffrey M. Fetter, published by BankNews Magazine, March 2016

              US Farmers Face Difficult Challenge: Finding A New Generation To Take Over Their Land, by: Amy Nordrum, International Business Times

              resources

              Cornell University Cooperative Extension – They bring local experience and research based solutions together, helping New York State families and communities thrive in our rapidly changing world.

              Programs: Cornell Cooperative Extension extends Cornell University’s land-grant programs to citizens all across New York State. An integrated network of professionals including campus-based faculty and staff, regionally deployed specialists and county-based educators and professional employees provide programs in five areas:

              • Agriculture & Food Systems – Cornell Cooperative Extension links the research and extension efforts at Cornell University, Cornell University Agricultural Experiment Station, and the New York State Agricultural Experiment Station in Geneva.
              • Community and Economic Vitality – CCE engages New Yorkers in land-use training, inter-municipal collaboration on shared municipal services, leadership training, workforce development, and community decision-making on complex issues.
              • Environment and Natural Resources – CCE educates on a broad range of concerns: water resources, agricultural waste and land-use management, forestry, wildlife habitat, lawns and turf, invasive species, energy conservation and development of renewable energy sources.
              • Nutrition and Healthy Families – CCE programs aim to reduce the prevalence of childhood obesity and chronic disease through improved nutrition and health practices, to improve child and eldercare, to reduce environmental hazards, and to increase financial and health care literacy.
              • Youth Development – CCE’s 4-H Youth Development Programs reach urban, suburban and rural youth in three broad areas: Science, Technology and Engineering, Citizenship, and Healthy Lifestyles.

              New York Farm Bureau – Farm Bureau is a non-governmental, volunteer organization financed and controlled by member families for the purpose of solving economic and public policy issues challenging the agricultural industry.  It’s mission is “to serve and strengthen agriculture.”

              New York FarmLink – A sister program of New York FarmNet, New York FarmLink helps individual producers achieve personal, managerial, and financial success through assistance with farm succession and business partnership planning issues.

              New York FarmNet – The mission of the organization is to provide New York farm families with free, confidential consulting services to assist in developing skills for anticipating and addressing financial, family, and production efficiency challenges and transitions through referrals, personalized education, and business and personal planning.

              New York State Agricultural Experiment Station – The following partners and programs support the mission of the station:

              • Cornell Lake Erie Research and Extension Laboratory (CLEREL) – The Lake Erie Regional Grape Program consists of extension educators and research faculty/staff from Cornell University and Penn State University devoted to projects that impact yields, product quality, diversity and improvement of cultivars, efficiency of production, profitability and adoption of environmentally sound cultural and pest management strategies in the Lake Erie region of New York and Pennsylvania.
              • Fruit and Vegetable Processing Pilot Plant – A 10,000 square foot facility on the Geneva, New York, campus devoted to the preservation and processing of fruits and vegetables. This includes an extensive equipment inventory and full utilities.
              • Hudson Valley Research  Laboratory​ – Located in the heart of the Hudson Valley growing region, the Hudson Valley Research Laboratory in Highland, New York, is a critical resource for this major production area for pome fruits and vegetables in Ulster County.
              • Northeast Center for Food Entrepreneurship (NECFE) – The Northeast Center for Food Entrepreneurship’s purpose is to provide comprehensive assistance to beginning and established food entrepreneurs, thus promoting sustainable economic development of rural communities.
              • New York State Wine Analytical Laboratory -The New York State Wine Analytical Laboratory offers over 25 different chemical, microbiological, and sensory analyses at their facility in the Department of Food Science at Cornell’s New York State Agricultural Experiment Station in Geneva, New York, for quality assurance, trouble shooting and federal regulatory compliance.
              • New York State Integrated Pest Management Program – The New York State Integrated Pest Management Program develops sustainable ways to manage pests and helps growers and homeowners use methods that minimize environmental, health, and economic risks.
              • New York State Department of Agriculture & Markets – This New York State Department of Agriculture & Markets’ website is designed to foster a competitive food and agriculture industry that benefits producers and consumers alike.

              New York State Energy Research & Development Authority (NYSERDA): Selected Resources – NYSERDA offers the following business and residential programs and resources:

              • Empower NY
              • Energy Analysis
              • Energy Audits
              • Existing Facilities Program
              • Get Energy $mart
              • Green Jobs – Green NY
              • NYSERDA Business Partners
              • Power Naturally
              • School Power….Naturally

              client alerts

              SOUTHERN TIER ON-FARM ENHANCEMENT GRANT PROGRAM

              The Southern Tier Agricultural Industry Enhancement Program offers “On-Farm Enhancement Grant Program”.  Click here to read more [Southern Tier Agricultural Industry Enhancement Program].

              GOVERNOR ANDREW M. CUOMO MODIFIED NEW YORK’S ALCOHOLIC BEVERAGE CONTROL LAW (“ABC Law”).

              On August 14, 2015 legislation was signed to modify three components of the ABC Law:

              • Bill No. S.4800/A.7001 permits Farm Distillery operators to sell gifts, food items, craft products, and souvenirs from the farm’s tax-paid areas.
              • Bill No. S.533-A/A.8043 permits alcoholic beverage tastings at retail stores without the presence of a manufacturer.
              • Bill No. S.4282/A.7016 permits an exemption from certain tax filing requirements for micro-breweries.

              For more information on how these modifications may affect your establishment, please contact either Jeffrey M. Fetter at 315-477-6256 or jetter@scolaro.com

              NEW YORK STATE TO CONTRIBUTE MORE THAN $16 MILLION TO GROW NEW YORK’S CRAFT BEVERAGE INDUSTRY.

              On October 7, 2015, as he hosted the third Wine, Beer, Spirits, and Cider Summit, Governor Andrew M. Cuomo announced that the State will contribute more than $16 million in investments and initiatives to support the industry’s continued growth. According to Cuomo, “our investments in the farm-based beverage industry have created a synergy of economic momentum for wineries, cideries, breweries and distilleries…..fueling opportunity for small businesses across the state.”

              To learn more about the investment and to read the full article from the Governor’s office, click here.

              Get consultation



                LOCATIONS


                Syracuse Office

                Franklin Square
                507 Plum Street
                Suite 300
                Syracuse, NY 13204

                Phone: (315) 471-8111

                Fax: (315) 471-1355

                Cortland Office

                39 Church Street
                Cortland, NY 13045

                Phone: (315) 696-8918

                Fax: (315) 671-1217

                Tully Office

                PO Box 430
                397 State Route 281
                Suite B
                Tully, NY 13159

                Phone: (315) 696-8918

                Fax: (315) 671-1217

                https://www.scolaro.com/wp-content/uploads/2019/06/p1.png 292 268 Scolaro Team https://www.scolaro.com/wp-content/uploads/2019/06/logo.png Scolaro Team2019-06-28 11:10:162021-08-03 21:36:44Agricultural Services

                Get consultation

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                  Since 1979, the Syracuse-based law firm of SCOLARO FETTER GRIZANTI & McGOUGH, P.C. has provided sophisticated tax, business, litigation, employee benefits, estate and trust planning and administration services to its individual, business, entrepreneurial and professional clients throughout New York, Pennsylvania, Florida and other states in which its attorneys are admitted to practice.

                  articles

                  • Working Group Supporting NY Farmers
                    Working Group Supporting NY Farmers

                  • Kayla Sharson, Esq. Joins Our Team
                    Kayla Sharson, Esq. Joins Our Team

                  • Agri-Succession Planning 2022 – Planning and Utilization of the Advisory Team in a Difficult Economy
                    Agri-Succession Planning 2022 – Planning and Utilization of the Advisory Team in a Difficult Economy

                    By: Jeffrey M. Fetter, Esq. The article below…

                  AREAS OF PRACTICE

                  • Real Estate & Land Use
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                  • Family
                  • Estate Planning & Wealth Preservation
                  • Employee Benefits & Executive Compensation
                  • Business & Tax
                  • Agricultural Services

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