Recent Cases

BY WILLIAM LAMB STAFF WRITER The Record A politically connected Hackensack attorney was one of three people whom Governor Christie nominated on Monday to serve on the North Jersey District Water Supply Commission. Alan S. Ashkinaze of Oradell, whose law practice has offices in Hackensack and Nyack, N.Y., served on the New Jersey steering committee for the presidential campaign of former Massachusetts Gov. Mitt Romney in 2008. He specializes in environmental law, land use and municipal law, according to his firm’s website. The governor also nominated Norman A. Feinstein of Caldwell and Robert C. Garafalo of Brielle, in Monmouth County. Feinstein is executive vice president of the Hampshire Real Estate Companies, the Morristown-based real estate firm led by former New Jersey Sports and Exposition Authority Chairman Jon F. Hanson, who is Christie’s chief adviser on sports and entertainment interests. The nominations, which must be approved by the state Senate, come[…]Continue Reading…

Part One in a Two Part Series By Alan Ashkinaze Leasing a gasoline station in the current economy is fraught with many challenges; and one of the most important (yet overlooked) challenges is avoiding the environmental traps caused by the actions or inactions of your tenant. Lessors of gasoline service stations live in constant fear that an environmental liability, such as contamination caused by a spill or discharge, or penalties levied by NJDEP, will devastate their business or investment. Fault is not necessary for liability. Despite this reality, lessors of gasoline stations rarely take the proactive measures necessary to minimize their environmental exposure. Unfortunately, as too many of us know, the failure to take such actions can be tragic. Environmental liabilities fall into two categories: contamination and compliance. In New Jersey, many of the state’s environmental statutes, such as the Spill Compensation and Control Act (Spill Act), and New Jersey[…]Continue Reading…

By Kris W, Scibiorski In a world of ever growing legal behemoths, a small band of highly skilled outsiders is trying to hang on to their hard won niche practices.Admittedly, the efforts of the New Jersey chapter of the International Network of Boutique Law Firms (INBLF) are unlikely to make much of a blockbuster action flick, but they do tell an interesting story of how a singlefocus firm can survive in the increasingly competitive legal landscape. INBLF is an international organization with chapters generally comprised of small firms that specialize in a single practice area; only one firm from a given area is admitted, According to Alan S. Ashkinaze, a Hackensack solo concentrating on environmental law, the organization “is a network, not just of client referrals, but also of ideas and resources that helps level the field” for boutique firms competing with legal giants. The New Jersey chapter, headed by[…]Continue Reading…

By Walter Dawkins Staff Writer OLD TAPPAN — Neighbors involved in a pesticide complaint against a farm owned by a borough councilman have filed an ethics complaint against him with the state’s Local Finance Board. The complaint, dated Feb. 1, alleges that Ronald Binaghi Jr. used his influence as a borough councilman to obtain approval to build a new 7,000-square-foot greenhouse despite using an outdated 18-year-old survey of the farm. “The zoning-permit application clearly states that the applicant has to provide a recent survey of the property,” said Alan Ashkinaze, lawyer for the affected residents, James and Wilda Lagrosa. “Had this been any other resident of Old Tappan, that permit application would have likely been rejected as incomplete.” “There was no favoritism accepting an old survey,” countered construction official Peter Abballe. “Under the Right to Farm Act, there are limitations regarding the size. But if [Binaghi] abides by zoning setbacks,[…]Continue Reading…

By Walter Dawkins Staff Writer OLD TAPPAN – Residents involved in a pesticide complaint against a farm owned by a borough councilman are angry at his plans to build another greenhouse on the site. James and Wilda Lagrosa have complained that greenhouse ventilating fans from Stokes Farm, owned by Councilman Ronald Binaghi Jr., blow contaminants directly onto their property. Wilda Lagrosa has asthma and breathing problems. While undergoing state mediation with the Lagrosas, Binaghi received a construction permit in December to build another greenhouse structure – close to 7,000 square feet – on the 40-acre site. “We’re negotiating to try to settle the problem, and he’s in the midst of building more greenhouses right next to my property,” said James Lagrosa, saying that Binaghi is “adding insult to injury.” Binaghi, however, said he has the legal right to build on his own land. “I have no idea why they’re upset,”[…]Continue Reading…

By Walter Dawkins The Record Staff writer Old Tappan- Pesticide complaints against a farm owned by a borough councilman must be heard by the state’s Office of Administrative Law to avoid a conflict of interest, Bergen County’s Agriculture Development Board ruled Tuesday. The owner of Stokes Farm, Borough Councilman Ronald Binaghi Jr. had requested that the board issue a decision on the complaint by neighbors James and Wilda Lagrosa, as well as a request by the borough planning board for site approval on 10 greenhouses. However, the Agriculture Development Board passed the case to the Office of Administrative Law to avoid the appearance of a conflict of interest. “Mr. Binaghi sits on the Bergen County Agriculture Development Board” said ADB member Kevin Funabashi. “It’s a tight knit group, and we wanted to make sure that it was a fair playing field”. The Lagrosas’ lawyer, Alan Ashkinaze, welcomed the decision. “There[…]Continue Reading…

By Walter Dawkins The Record Staff writer Old Tappan- When James Lagrosa and his wife moved to DeWolf Raod more than 25 years ago, the Stokes Farm next door had two greenhouses. Since then, they say, the number had grown to at least 16. “When they apply pesticides in the greenhouses, all of that pesticide vapor blows right at my property”, Lagrosa said. For years, Lagrosa said, he has asked the owners of the 40 acre Stokes Farm-Borough Councilman Ronald Binaghi Jr. and his father, a former councilman-to move the ventilating fans, to no avail. However, he hopes that may change now that the property has come under scrutiny. Two weeks ago, borough Construction Official Peter Abballe sent a letter to the younger Binaghi, explaining that four greenhouses originally constructed as temporary are actually permanent structures that “require a formal application to the Planning Board for site plan approval”. Nearly[…]Continue Reading…

By Jeff Roberts – Staff Writer FRANKLIN LAKES – Alan Ashkinaze was sold. Nets owner Bruce Ratner held court just a few feet from him under one of the two tents in the spacious back yard. Ashkinaze’s 8-year-old son, Josh, got to take a picture with forward Brian Scalabrine. Then he talked basketball with coach Lawrence Frank. “It certainly brings the basketball team a lot closer that the players, the coaches and the owner are not just people you see on your TV screen. They’re real people,” said Ashkinaze, a Hackensack lawyer. So he bought a full season ticket package. And maybe more importantly, he bought into the Nets. The question is, for how long? The Nets are reaching out to their fans and right into their back yards. They kicked off the latest initiative in a campaign to be a kinder, gentler, more intimate and accessible franchise Wednesday night[…]Continue Reading…