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31 Nassau Law. 1 (1983-1984)

handle is hein.barjournals/nassau0031 and id is 1 raw text is: TU.S. osdge
PAID|
Ea..tp.11. N.Y. 11941
A PUBL.ICATION OFH PilAR ASSOCIATION OF NASSAU COUNTY, N.Y., INC.  VOL. 31, NO. 1, SEPTEMIBER, 1983
SERVING THE LEGAL PROFESSION AND THE PUBLIC FOR OVER 84 YEARS.

Its IIfSI kim ' , JR. tSQ.
Now that our Bar
Association  has a new
President, lion. Frank J,
Sanlagsta, we thought the
itembers would     be in-
terested in learning same of
his views on     the Bar
Association and oir legal
systent iII general. An In-
deplh interview to discover
iose views revealed a man
%%1Io believes it Is essential
for its as lawyers to uphold
atnd  protect individual
freedoms by    perslstently
,driving  to  increase our
,mareness of the problems
%tllch  threaten   those
freedoms and to take part
III their resolution,
To make justice for all a
'atity  and  not just a
drean    was   how   he
described tile optimum goal
omf lie Bar Association.
Iusing his term as Presi-
,Iclil, (lie priorities of the
Ixecutive Committee will
he to improve lite image of

the attorney in the eyes of
the  public, explore the
changing role of the at-
torney In dispute resolu-
tion, provide continuing
legal education programs to
both the Bench and the Bar,
develop a pro-bono system,
and monitor court costs and
legal delay.
President Santagata ex-,
plained   that the Bar
Association has been a
leader in the State in ad-
dressing questions of court
administration. There are
still many Issues to be
resolved, among which are
the proper allocation of
money between admninistra-
tion on tbe one hand, and
the operation of tile courts,
on the other. It is hoped
that the Courts Committee
will focus on the budgetary
spending of the Office of
Court Administration to
determine whether too
much is being spent on
computers and not enough

on basic needs of the judges
which are necessary for effi-
ciency.
As an Instrumentality
for the public good, the
Nassau    County     Bar
Association has been servic-
ing the legal profession and
the public for 84 years. Our
new President pointed out
that improving legal ser-
vices is she equivalent of
serving the people; A
strong, vigilant Bar is
ultimately the best resource
for the preservation of a
democracy.
Lofty and nice-sounding
words, thosel   But what
does the individual Bar
Association member get in
return for his or her dues?
Santagata was quick to
cite a number of benefits.
One of the best continuing
legal education programs in
tire country.   A  newly
established Academy of
Low which offers several
Continued on page 5

A ttorneys urged to fight
form contract by brokers
By BRUCE J. BERGMAN, ESQ.
The attention of Bar Association memlersliip is called to
a potentially serious problem for tie hime buying public,
arising from the stated inlention of the I ong Island Board
of Realtors (L.IBOR) to Jisseminate a so-called standard
form or Contract For Purchase and Sale of Real Estate,
It is apparently LIBOR's goal to bring buyer and seller
together in the broker's office and present a contract for
lhe parties to sign without the gnidance of counsel.
Danger to the public front such a procedure is obvious,
and your Association has been working diligently with the
Bar Associations of Suffolk and Qneens, as well as the
New York Attorney General, in seeking to avuid the harm
which could result.
When this problem was brought to our attenttio in
December of 1982, both the Real Property Law
Committee, under tie chairmanship of Bruce Bergisan,
and the Unlawful Practice Committee, under tite chair-
manship of Paul Burlant, conveued to analyze the pro-
blem. Director Theodore Hoffmann was appointed liaison
between the Board and other associations and agencies
while meetings were originally held under the direction of
Past President Robert Corcoran, and subsequently under
the direction of President Frank Santagula.
Contiued on page 7
Real property gains tax
varies in N. Y. State
By JAMES M. PEDOWITZ, SQ.
The State's new Gains Tax (Article 31-0, Tax Law) on
certain real property tratsfers is new and sui genetis. It
contains some elements of both a real property transfer lax
and a capital gaiss tax. Its impact may vary considerably
from the impact and interpretation applicable to imcome
taxes. Although intended to imipact only on transfers it-
volving a consideration of one million dollars or more, the
concomitant amendment of Section 333 ( I) (1) of tile Real
Property Law results in a clog on tle recording process of
any document defined as a conveyance under Seclion
291 (3) of (lie Real Property Law. As a result, except In tile
limited circumstances where an affidavit (hereinafter
described) can be submitted, no conveyance other thtan
mortgages. certain other morlgage-related Iistrumnents, an
affidavit of title, a release of federal tax lien or a power of
attorney cal be recorded without submitting to tile Contly
Clerk at the same time an official statemnent issued only in
Albany by the Deportmenl of Taxation and Finance (lite
Department) showing either no tax due or tile tels-
tatively assessed tax.
The 'ax
The tax itself is a 10 percent tax on gain (as defined iII
tise Act) derived from the transfer of real property (as
defined In tile Act) or by reason of tile transfer of a con-
trolling interest (as defined in the Act) in an entity ihich
owns real property, if site property is located in New York
State and the gross consideration is one million dollars ir
more. FitlI understanding of the Act requires careful study
of the several definitions contained in Sectio 1440 and
which in imany cases use other defised terms, thus resulting
in bouncing between the definition subdivisios of tile Sec.
lion like a tennis ball as a professional tennis match. A
willful violation of the Gains Tax Law is punislable as a
nisdemeanor and, tpon conviction, by a fine of tip to
$5.000 and Imprisonment for up so one year.
Exemptions
No tax is imposed in the following cases. Ilowever, tie
Transferor and Transferee fornms must be filed, including
supporting documentation, although details as to con-
sideration, cost, amount of tax, etc. can be marked Docs
not apply:
1. If tite consideration is less than one million dollars.
2. If (lie property consists of premises occupied by Ilite
transferor as his residence (but only with respect to that
portion of tile premises actually occupied and used for
such purposes).
3. If tile transferor is either: (a) The State of New York,
or any other of its agencies, instrumentalities, political suib-
divisions, or public corporations, or (hi An eettipt
organization as described in Section 1116 (a) (4) of
C'olatinued oni page 10

Santagata assumes presidency,
stresses Bar Association's role

On the inside
Executive Director's Report Pg. 3
Calendar of Events Pg. 6
Executive Committee Pg. 9

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