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Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

May 14, 2009

Legal Alert - Empire Zones Program Review Process

It is our understanding that the New York State Department of Economic Development/Empire State Development has started its review process of Qualified Empire Zone Enterprises, and that notices of decertification will be sent out in the immediate future. This is extremely important information, and we suggest that you immediately alert us of any correspondence from the Commissioner of Economic Development or Empire State Development.

An entity which receives a notice of decertification will have only 15 days from the date of notification to send a notice of appeal to the Empire Zone Designation Board. This is a final action unless the certified entity takes immediate action within this timeframe, with no further remedies available. Without a timely appeal, the entity will be decertified. The effective date of the decertification will be the date of the "earliest event constituting grounds for revoking certification."

If your entity receives a notice of decertification, please forward a copy to us immediately. Should an appeal be necessary, we can assist you in taking any remedies available to protect your entity's benefits.

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