Steven M. Silverberg Attorney

First Admitted: 1973, New York

Professional Webpage: https://www.szlawfirm.net/lawyers/steven-m-silverberg/

Bar/Professional Activity:

Second Vice President, Rockland Municipal Planning Federation, 2019
Chair of the Rockland County Planning Board, 2022
Associate Director Rockland Municipal Planning federation, 2018
Past Chair - Education Board ABA Law Practice Division
Past Chair - Planning board of the Village of Piermont, 2008 to 2009
U.S. Supreme Court
Member of Council of the ABA Law Practice Division 2008 to 2012
Past Member - Board of Directors of the Westchester Municipal Planning Federation, 2001 to 2008
U.S. District Courts (Southern and Eastern Districts)
Member Board of Editors, New York Real Estate Law Reporter
Past Chair - Environmental Law Committee of the Westchester County Bar Association, 1998 to 2005
New York Bar
U.S. Court of Appeals, Second Circuit

Verdicts/Settlements (Case Results):

Xavier Contracting LLC v. City of Rye, 29 A.D.3d 687, 815 N.Y.S.2d 638 (2d Dep't 2006)
Wickes v. Kaplan, 304 A.D.2d 769, 758 N.Y.S.2d 383 (2nd Dept. 2003)
Edwards v. Davison, 941 N.Y.S.2d 873 (2d Dep't 2012), 2012
Bronxville Field Club v. Irwin Davison, 305 A.D.2d 591, 759 N.Y.S.2d 382 (2d Dep't 2003)
South Liberty Partners LP v. Town of Haverstraw, 82 A.D.3d 956, 918 N.Y.S.2d 563 (2d Dep't 2011), 2011
Chambers v. Old Stone Hill, 1 N.Y.3d 424, 774 N.Y.S.2d 866 (2004)
Matter of Vinrus Corp. v. Village of Pelham Manor Building Inspector, 66 A.D.3d 690, 885 N.Y.S.2d 444 (2d Dep't 2009), 2009
LaRusso v. Neuringer, 105 AD3d 743 (2d Dept. 2013)

Representative Clients:

Village of Tarrytown, Town of Ossining

Pro bono/Community Service:

Chair, Rockland County New York Planning Board, 2022
Member of the Technical Advisory Committee (TAC) of the Rockland County Comprehensive Plan Update Study., 2025
Chair, Rockland County New York Planning Board..., 2024
Chair of the Rockland County Planning Board, 2023
Member of the Village of Piermont, Waterfront Resiliency Commission
Member- LWRP update steering committee for the Village of Piermont 2016-2019
Second Vice President Rockaldnd Municipal Planning Federation 2019-2020
Chair - Village of Piermont Planning Board 2008-2010
Chair Piermont LWRP Update Committee, 2015
Board of Directors - Westchester Municipal Planning Federation 2001-2006
Co-Chair- Piermont Waterfront Resilience Task Force 2013-2014
Board of Trustees - Village of Piermont 2010 to 2011 and 2013 to 2015

Honors/Awards:

Fellow of the American Bar Association
In recognition of contributions to planning and land use issues, Distinguished Service Award, Rockland Municipal Planning Federation, 2012

Educational Background:

Brooklyn College of the City University of New York, 1969

Scholarly Lectures/Writings:

"There have been a substantial number of land use decisions issued on both the state and federal level in the past year. This article attempts to provide a summary of some of those cases that appear to have more widespread application and/or provide a new perspective on a particular land use issue.", Author, Land Use Case Law Update, NY State Bar, Municipal Lawyer Vol 38. No 2, Municipalities, 2024
Three credit course on the legislative and regulatory process for federal, state and local government, Adjunct Professor of Law, Legislative and Regulatory Process, Pace University Elisabeth Haub School of Law, Legal, 2023
Review of a Second Circuit Court of Appeals decision Brinkmann v. Town of Southold, 96 F4th 209 and compared it to other recent decisions in which the courts found that municipalities delayed reviewing and/or approving land use applications, using pretexts that were found to not be truly related to the issues before the municipalities., Author, When Is Pretext By A Municipality A Bar To Land Use Approvals, New York Real Estate Law Reporter, Legal, Real Estate, 2024
Second Circuit Court of Appeals determined that an action against a municipality and others was ripe for review when the matter had been pending before a Zoning Board of Appeals which failed to hear the appeal. While the matter was pending before the Zoning Board the defendants allegedly took actions to delay the appeal, resulting in the contract to purchase the subject property, by a religious organization, to fall through. Defendants had claimed the action was not ripe as the Zoning Board did not take any final action., Author, RLUIPA Claim Is Ripe For Judicial Review When Zoning Board Failed To Hear Appeal, New York Real Estate Law Reporter, Municipal, Real Estate, 2024
An article discussing the recently expanded definition of Waters of the United States (WOTUS) issued by the EPA and the initial court challenge to the regulation., Author, Revision to the Definition of Waters of the United States, New York Real Estate Law Reporter, Real Estate And Legal, 2023
Presentation of zoning case law update., Speaker, Land Use Law Update, NYS Bar Real Property Law Scetion, Legal, 2023
Article reviewing the application of RLUIPA by the Court in Livingston Christian Sch. v. Genoa Charter Twp., 858 F.3d 996, 998 (6th Cir. 2017), Author, Requiring a Religious Use to Locate in Another Township Is Not a Substantial Burden Under RLUIPA, New York Real Estate Law Reporter, 2017
The Supreme Court addressed the question of whether strict scrutiny, under the First Amendment, was applicable to a local sign law which restricted signs advertising activities or businesses not located on the same property as the sign., Author, Supreme Court Again Addresses Municipal Sign Regulations, New York Real Estate Law Reporter, Municipal, Advertising, Real Estate, 2022
As part of litigation that has been ongoing for 14 years, the Court dismissed an action by a rabbinical college, claiming local regulations barred its proposed development. The court found the issue was not ripe for adjudication, due to the fact that no formal application had been submitted and there had been no final municipal determination regarding the proposal., author, Court Finds Rabbinical College Lawsuit Against Village Is Not Ripe For Determination, New York Real Estate Law Reporter, Real Estate, Municipal, 2021
The article summarizes issues addressed by the court, related to the application of the Religious Land Use and Institutionalized Persons Act (RLUIPA) when a municipality modifies objectionable zoning provisions involving houses of worship, prior to an application for relief from the offending provisions., Author, Court Addresses Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause, New York real Estate Law Reporter, Legal, Real Estate And Municipal, 2021
An analysis of the Ninth Circuit Court of Appeals decision in the City of Portland v. United States, with regard to the authority of the FCC to implement the 2018 regulations regarding local regulation of "small cell" wireless telecommunications facilities., Co-Author, Ninth Circuit Upholds Most Restrictions on Local Government Review of Wireless Installations, New Yorke Real Estate Law Reporter, Real Estate, 2020
Discussion of the decision of the New York Court of Appeals in Town of Delaware v. Leifer, ___ NY3d ___ (2019)., author, Local Law Banning Music Festival is Not Unconstitutional Restraint of Speech, New York real Estate Law Reporter, Legal, Real Estate, 2020
Semi-annual certification program for members of zoning boards and planning boards in Rockland County, Speaker, Land Use Case Law Update, 2019
A program addressing ethical constrains on attorneys who appear before and represent municipal boards, as well as members of those boards., Speaker, Ethics in Land Use: Guiding Principles for Attorneys and Land Use Board Members, Pace Universiy Land Use Law Center, Legal And Municipal, 2018
The Article discusses a recent appellate case applying what appears to be a new interpretation on the authoirty of municipalities to charge back fees by their consultants for review of land use and zoning applications,, Co-Author, Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees, New York Real Estate Law Journal, Real Estate, 2018
Annual certification course for members of municipal boards, providing an update on case law and new regulations, such as SEQRA and the new FCC Shot Clock., Speaker, Land Use Case Law Update, Rockland Municipal Planning Federation, Municipal Planning And Zoning Board Members, 2018
Provided update on case law and regulations relating to matters relevant to planning boards and zoning boards, for Rockland County municipal officials., Speaker, Land Use Case Law Update, Rockland Municipal Planning Federation, 2018
Provided update on cases involving SEQRA, RLUIPA and telecommunications to the Planning Federation, as part of the annual certification class for zoning and planning board members., Speaker, Land Use Case Law Update, Rockland Municipal Planning Federation, 2017
Speaker reviewing zoning and planning cases handed down during the last year., Speaker, Case Law Update, Pace Law School/ Westchester Municipal Planning Federation, 2017
Former Adjunct Associate Professor of Law, New York Law School, taught State and Local Government Law
Author, Court of Appeals Upholds Atlantic Yards Condemnation, New York Real Estate Law Reporter (2010)
Author, The Ultimate Challenge to SEQRA, New York Law Journal (2008)
Author, The Application of RLUIPA to Land Use Regulation, ABA State & Local Government News (Vol. 28, No. 4, 2005)
Co-author of the book Wetlands and Coastal Zone Regulation and Compliance (John Wiley & Sons, 1993) and a chapter in American Jurisprudence Proof of Facts 3d, Vol. 31, "Zoning Proof of Inverse Condemnation From Excessive Land Use Regulation" (Lawyers Cooperative Publishing, 1995).
Author of "Subdivisions and Site Plan Review", a chapter in Warren's Weed New York Real Property Law (Matthew Bender, 1990)
Presented lecture at the annual meeting of the Municipal Law Section of the NYS Bar Association regarding recent Federal cases relating to municipal law issues such as RLUIPA, wireless telecommunications and sign regulations., Speaker, Federal Case Law Update, Municipal Law Section, NYS Bar Association, 2011
Speaker at training program for municipal officials reviewing the environmental impact statement process under SEQRA., Speaker, State Environmental Quality Review Act, Rockland County Municipal Planning Federation, 2011
Discussion of cases analyzing local laws which require pre-occupancy inspection of residential rental units., Author, The Constitutionality of Pre-Occupancy Inspections, New York Real Estate Law Reporter, 2012
Discussion of RLUIPA and other laws impacting land use applications in New York by religious groups, as part of a day long program at Pace Law School., Speaker, Land Use Applications for Religious Uses, Pace University School of Law, 2012
Article summarizing the Second Circuit's holding in Fortress Bible Church v. Feiner, 694 F.3d 208, that held the Town violated the Religious Land Use and Institutionalized Persons Act (RLUIPA)., Second Circuit Upholds RLUIPA Verdict Against Town of Greenburgh, New York Real Estate Law Reporter Vol. 29 Number 2, 2012
Speaker at the Pace Law School Land Use Law Update 2013, Speaker, Religious and Educational Uses-Treatment Under RLUIPA and NY Law, Pace University School Of Law, 2013
Annual certification program for members of Zoning and Planning Boards in Rockland County, NY., Speaker, Land Use Law Update, Rockland Municipal Planning Federation, 2013
Westchester County Bar Association Environmental Law Committee program on local impacts of climate change, Speaker, Climate Change, Environmental Law Committee Westchester County Bar Association, 2013
Program on ability of municipalities to regulate location of wireless telecommunications facilities, Speaker, Recent Developments in Wireless Telecommunications, Westchester Women's Bar Association, 2013
Annual certification program for members of Zoning and Planning Boards in Rockland County, NY., Speaker, Land Use Law Update, Rockland Municipal Planning Federation, Speaker, 2014
Seminar on Compliance with RLUIPA, Speaker, Religious Land Use & Institutionalized Persons Act (RLUIPA) Seminar, Rockland Municipal Planning Federation, 2014
CLE on aspects of selling, leasing and purchasing commercial real estate, Speaker, Commercial Real Estate, Pace University Law School, 2014
Article summarizing recent case law on standing to challenge DEC regulations and other governement actions., Co-Author, Court of Appeals Determines Standing to Challenege DEC Regulations, NY Real Estate Law Reporter, 2014
In June, 2015 the U.S Supreme Court issued a decision in Reed v. Town of Gilbert. The Court determined a local sign law that distinguished the permitted size, location and duration of signs, based upon the nature of the sign, was content based and subject to the strict scrutiny rule. The Article discusses the decisions and the Court's rationale in finding the law unconstitutional., Author, U.S.Supreme Court Holds Local Sign Law Unconsititutional, New York Real Estate Law Reporter, 2015
Discussion of the potential far reaching implications of the U.S. Supreme Court decision in Reed v. Town of Gilbert and the cases that have already followed that decision., Speaker, Reed v. Gilbert- Why Mroe Than your Sign Law May be Unconstitutional, Westchester County Bar Association, 2015
Annual certification course for Rockalnd County Zoning and Planning Officials regarding land use, zoning SEQRA and RLUIPA, Speaker, 2015
A discussion of the New York Court of Appeals decision in Sierra Club v. Vill. of Painted Post, 26 N.Y.3d 301 (2015), which addressed the issue of standing to challenge local land use and SEQRA determinations., Author, Court of Appeals Modifies Standing Test In Land Use Cases, New York Real Estate Law Reporter, 2016
Presented a case law update on issues related to land use, including SEQRA, RLUIPA and wireless telecommunications., Lecturer, Land Use Law Update, Westchester Municipal Planning Federation, 2016
Presented update on case law and statutes related to land use and zoning at the annual certification course for municipal planning and zoning officials provided by the Rockland County Municipal Planning Federation., Presenter, Land Use Law Update, Rockland Municipal Planning Federation, 2016
Speaker addressing ethical issues facing attorneys and members of land use boards in processing land use and zoning applications., Speaker, Ethics in Land Use, Pace University, Land Use Law Center, 2016

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