Case Studies

Mr. Fishberg has been General Counsel to the Village of Garden City since 1976 and has overseen the representation of that Village on virtually every legal matter which has confronted the Village, including general advice, labor, Village Court, tax certiorari, zoning, environmental and litigation of all types, with a heavy emphasis on zoning and civil rights litigation.  Cullen and Dykman LLP and its predecessors have been counsel to the Village of Garden City since 1920.

Mr. Fishberg has acted as special counsel to numerous other municipalities with respect to zoning, environmental and SEQRA matters, labor matters and tax certiorari proceedings.

Mr. Fishberg has been involved in a wide range of municipal legal services, including: attendance and advice at meetings of the municipal governing board and meetings of the Zoning Board of Appeals, Planning Commission, Architectural Design Review Board and other separate boards and commissions; attendance and advice at public hearings; preparation of local laws and review of legal notices, resolutions and filing forms with regard to adoption of same; attendance and advice at grievance day hearings; review of contracts; review and advice with regard to proposed State legislation affecting municipalities; advice with regard to elections, assessment rolls, zoning, condemnation and taxes; demand letters with regard to the collection of claims owed to the municipality; review and settlement of tax certiorari matters; representation and advice regarding labor, employment and benefit law matters; representation in the municipal court; representation in State and Federal Court in all litigation matters, such as zoning and land use, civil rights and tax certiorari proceedings.

Mr. Fishberg has considerable experience in legislative and intergovernmental relationships.  He has been active with the Nassau County Village Officials Association (NCVOA) and New York Conference of Mayors (NYCOM) since 1972.   He has served as counsel to the NCVOA since 1984, as well as serving on the legislative committees of the NCVOA and NYCOM, and regularly attends the annual and legislative meetings of NYCOM.  He also has frequent contact with legislators and has drafted complex municipal legislation.

Mr. Fishberg is responsible for counseling and representing both private and public sector employers in a wide variety of labor and employment matters, including labor contract negotiations, preparation of labor and employment agreements, labor arbitrations (both interest and grievance), representation, unit clarification and unfair labor practice cases before the National Labor Relations Board and the Public Employment Relations Board, assistance in formulating personnel policies in areas such as drug testing, hiring, layoffs, polygraph tests, smoking and sexual harassment, preparation of employee handbooks and affirmative actions plans.  He provides assistance for complying with and implementing legislation such as the Family and Medical Leave Act, the Americans with Disabilities Act, the Occupational Safety and Health Act, the Fair Labor Standards Act, the Worker Adjustment Employment Act, and the Older Workers' Benefit Protection Act.  He offers advice on avoiding discrimination and other employment claims.  He represents employers in litigation in federal and state courts and before federal, state, and local administrative agencies related to all of the above mentioned areas, including the New York State Division of Human Rights, the United States Equal Employment Opportunity Commission and various city and county human rights agencies.

Professional & Community Activities

• Member, Nassau County Bar Association and has previously served two terms as Chair of the Nassau County Bar Association Municipal Law Committee
• Prior Chair, Municipal Law Section of the New York State Bar Association, 1991 to 1993, having served on the Executive Committee since 1978
• Member, New York State Bar Association, Labor Law Section
• Past Chair, Labor Law Committee of the Nassau County Bar Association
• Served in the New York State Bar Association House of Delegates from 1993 to 1995 as a representative of the Municipal Law Section and from 1996 to present as a representative of the Nassau County Bar Association
• Fellow of the New York Bar Foundation since 1993
• Served as a member of the Board of Directors of the Nassau County Bar Association
• Member, National Institute of Municipal Law Officers
• Member, Long Island Chapter of the Labor and Employment Relations Association and has served four terms as a Director
• Member, Garden City Chamber of Commerce, having received the Chamber's Community Achievement Award in 1999
• Past President, Mineola-Garden City Rotary Club
• Prior Chair, Long Island Region of the American Heart Association, 2000-2002
• Served on the Board of Directors of the Heritage Affiliate of the American Heart Association, which served New York City, Long Island, New Jersey and Connecticut
• Serves on the Board of Rotacare, a Rotary project which provides free health care for those in need, having served six years as President
• Member of the Board of Directors of the Long Island Chapter of the Arthritis Foundation since 2007
• Currently the President of the Tam O’Shanter Country Club