![]() ![]() ![]() Delano, however, asserted that the suspension was in retaliation for his exercising his right to free speech under the First Amendment. According to the Buffalo Police Department, Delano’s actions violated numerous departmental regulations and were in direct violation of orders from his superiors. After making public comments to a news reporter and releasing evidence related to the 1993 murder of 13-year-old Buffalo resident Crystallyn Girard, Delano was brought up on disciplinary charges and later suspended for 60 days at the recommendation of an independent hearing officer. Risman, secured for Hodgson Russ clients the City of Buffalo, Mayor Byron Brown, and Buffalo Police Commissioner Daniel Derenda the dismissal of a First Amendment retaliation lawsuit brought by former police detective Dennis Delano. These decisions are of statewide importance in upholding the taxation of fiber optic installations of telecommunication companies and ensuring the continued payment of tax revenue to municipalities and school districts. City of Mount Vernon, which was also handled by Mike. Mike Risman successfully defended these two attempts by the telecommunications industry to circumvent and undermine the recent ruling of the New York Court of Appeals upholding the real property taxation of fiber optic cables in the case of T-Mobile Northeast, LLC v. Erie County, the Appellate Division Fourth Department again dismissed a similar proceeding claiming a tax exemption for fiber optic installations under the radio and television transmission exception. In the related case of Level 3 Communications v. Chautauqua County, the court upheld the dismissal of a proceeding seeking a tax exemption for fiber optic installations under the exception for property used in the transmission of radio and television signals. On July 31, 2019, the Appellate Division, Fourth Department dismissed two cases brought by telecommunications companies claiming their installations were exempt from real property taxes. Learn more on the significance of this ruling in our Hodgson Russ alert. The Court of Appeals ruled that the statutory language and legislative history of the Real Property Tax Law authorized real property taxation of fiber optic cables and telecommunication installations. This landmark municipal law decision involved the important statewide issue as to whether telecommunication facilities and fiber optic cables are taxable real property in New York State. In December 2018, Hodgson Russ attorney Michael Risman successfully represented the City of Mount Vernon before the New York Court of Appeals in the case of T-Mobile Northeast, LLC v. Mike was also an adjunct lecturer on municipal law at the State University at Buffalo School of Law for seventeen years. He directed the city's litigation in all areas, and was involved in many complex economic, real estate development, and other projects for the city. As head of the department of law, he served as chief counsel for the City of Buffalo, the Mayor, Buffalo Common Council, the Buffalo Board of Education, and other municipal entities and public officials. Prior to joining Hodgson Russ, Mike served as Corporation Counsel (1997 to 2006) and Senior Deputy Corporation Counsel (1987 to 1996) for the City of Buffalo. His experience encompasses a wide array of municipal issues. His experience in government enables Mike to assist public officials and attorneys with strategies for dealing with complex issues that arise, while his strong problem-solving advice and firm understanding of municipal procedures and issues enable him to successfully assist public officials and entities in cost-efficient and practical ways. This extensive experience provides Mike with broad knowledge of the legal issues facing municipalities. Previously, Mike served as corporation counsel for the City of Buffalo from 1997 to 2006. ![]() For the past sixteen years, Mike has been a partner in Hodgson Russ’s Business Litigation Practice, focusing on municipal litigation. Mike has more than 40 years of experience representing municipalities in a broad array of litigation and subject areas. ![]()
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