In a unanimous decision, the Court of Appeals upheld the Second Department’s decision in Hunters For Deer v Town of Smithtown that the Town may not regulate discharge setbacks for bow and arrow in a manner inconsistent with State law. In that decision, the Second Department held that long bows could not be defined
Slings and Arrows At The Court Of Appeals
On January 4, 2022, the New York Court of Appeals heard oral argument in the case of Hunters For Deer, Inc. v Town of Smithtown, where conflicting provisions of a Town of Smithtown firearm ordinance and the Environmental Conservation Law (ECL) both vie for authority.
This appeal presents questions of preemption and statutory interpretation:
Oyster Bay Emergency Homeless Shelter Loses State Preemption Argument
On September 21, 2020, the Supreme Court, Nassau County in Town of Oyster Bay v. 120 Westend LLC, Supreme Court, Suffolk County, Index No. 608065/2020 granted a preliminary injunction to the Town of Oyster Bay (“Town”) halting the use of an existing hotel as an emergency homeless shelter stating that there is no pre-emption by
New York State Environmental Conservation Law Preempts Local Municipality Hunting Restrictions in New York
This week, a not-for-profit hunters advocacy group, Hunters For Deer, Inc. (HFD), won a decisive victory in the Second Department based on New York’s preemption doctrine. In Hunters for Deer, Inc. v Town of Smithtown, ____AD3d (August 18, 2020) the Appellate Division settled a conflict preemption argument between State and local government regulations upholding