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Hamptons.com
March 10, 2015

New York’s Highest Court Strikes Down Local Sex Offender Residency Laws

John A. Viterittiby John A. Viteritti
in Real Estate
Home Real Estate

On February 17, 2015, the NY State Court of Appeals in the matter of the People v. Diack, unanimously invalidated Nassau County’s sex offender residency rules which prohibit known sex offenders from residing within 1,000 feet from a school. The court stated that other municipalities in New York have adopted similar laws prohibiting registered sex offenders from living within a certain distance of schools, daycare centers, parks, youth centers, and other areas where children are likely to congregate. On October 23, 2007, the Town of Southampton adopted Chapter 215, which delineates known sex offender residency restrictions. In an article I wrote in 2013, “Where Can a Sex Offender Live?” I stated that as a result of “Moore v. County of Suffolk,’ both the County and Southampton Laws may not be enforceable. The Court of Appeals decision applies State-wide.

In a telephone conversation with Southampton Town Attorney, Tiffany S. Scarlato, Ms. Scarlato stated, as a result of the Court’s decision, she instructed local law enforcement authorities to cease enforcing the Town’s Residency Law. The Court stated the following regarding local sex offender residency laws: “That such laws are proliferating at an accelerated rate is hardly surprising, given the significant interest involved, namely the protection of children from sex offenders. Local governments have, understandably, relied on their local police power in furthering that interest.” It went on to say, “But a local government’s police power is not absolute. When the State has created a comprehensive and detailed regulatory scheme with regard to the subject matter that the local government attempts to regulate, the local interest must yield to that of the State in regulating that field.” It further stated: “Beginning with enactment of the ‘Sex Offender Registration Act [1996] the Legislature has passed and the Governor has signed a series of laws regulating registered sex offenders.”

The Court also observed: “The regulations [promulgated by the State] also acknowledge that the maintenance and location of acceptable housing for sex offenders constitutes ‘an enormous challenge that impacts all areas of the State’ because sex offenders, upon release from prison, typically return to the communities where they previously resided and the proliferation of well-intentioned local ordinances imposing residency restriction has hampered the ability of the State and local authorities to address the difficulty in finding appropriate housing for sex offenders.” It went on to say, “As the State has acknowledged, communities in recent years have taken to shifting the burden of sex offender housing to neighboring communities, thereby frustrating the State’s policy that each community bear the burden.”

I stated in my previous article that, according to the Division of Criminal Justice Services, there are approximately 1,000 sex offenders living in Suffolk County, more than twice as many as living in Nassau County.

The Civil Liberties Union filed a brief in support of the defendant, Diack, in the Court of Appeals case and contended that there were at least 130 similar local provisions to those in Nassau County throughout the state.

As I stated in a previous article posted in January 5, 2012, “Megan’s Law and Real Este Sales” a New York Court ruled that it is not the responsibility of the property owner or the property owner’s real estate agent to disclose that a known sex offender is living in the area. It is the obligation of the prospective buyer or tenant to find out by consulting the public record.

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LOCAL EVENTS

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Aperitivo (Sunset Cocktails)

October 30 @ 05:00 PM - October 30 @ 08:00 PM
The Baker House 1650
30
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30
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30
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A Season in Sound: A Look at the Year to Come

October 30 @ 06:00 PM - October 30 @ 07:00 PM
Hoie Hall at St. Luke's Episcopal Church
30
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30
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Wine & Cheese Class at Wölffer

October 30 @ 06:00 PM - October 30 @ 07:30 PM
Wölffer Estate Vineyard 139 Sagg Road Sagaponack, NY 11962
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LTV Presents a Night of Spooky Fun: Vampire Masquerade

October 30 @ 07:00 PM - October 30 @ 09:00 PM
75 Industrial Road, Wainscott, NY, 11975
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Vampire Masquerade at LTV Studios

October 30 @ 07:00 PM - October 30 @ 10:00 PM
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Hamptons School Rolling Out The Red Carpet For East End Education Benefit

Hamptons School Rolling Out The Red Carpet For East End Education Benefit

  • Dust off your favorite witch’s hat and opt for a paddleboard instead of a broom for Paddle Diva & Wych’s Bloom’s inaugural Witches Paddle on Wednesday, October 29, from 4–6 p.m. at Paddle Diva (10 Boat Yard Rd., East Hampton, NY). A portion of the proceeds will go to the Surfrider Foundation’s Eastern Long Island Chapter and its efforts to protect the world’s oceans, waves, and beaches through dedicated activism. ⁠
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We’ve all seen Witches Paddles grace our social media feeds, and now you can partake in the spooky fun! This tradition combines Halloween vibes with the healing power of nature as you glide and take in the beautiful Three Mile Harbor views.⁠
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Gina Bradley excitedly shared, “I am thrilled to be hosting this at Paddle Diva’s permanent location inside Swan’s Marina (formerly Vanderveer’s). This kind of paddle has been on my mind for many years, as I’ve seen them in all parts of the world, and it looks so cool seeing all the witches gracefully gliding along the water. This is particularly exciting because we’ve joined forces with Wych’s Bloom, a local herbal apothecary brand, and Surfrider to raise money and awareness for ocean and clean bay initiatives that are crucial for our waters on the East End of Long Island.”⁠
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“As an herbalist, Samhain, or Halloween, offers a special occasion for me to celebrate the healers who came before us to teach the wisdom of the plants in our region. I had seen people gathering for Witches Paddles all over the country, and as a surfer, I connected instantly with these events. When I texted Gina the idea, she was immediately in. That’s what I love about the women on the East End—they’re always up for an adventure,” shared Wych’s Bloom owner and Surfrider Foundation board member Christina Winters.⁠
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Join us in taking part in this one-of-a-kind event! Craft a witch’s outfit and set sail at the inaugural Witches Paddle for a great cause.⁠
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@paddlediva @wychs_bloom⁠
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#witch #witchespaddle #paddlediva #hamptons #halloween #easthampton⁠
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  • Check out the top Hamptons events this weekend!⁠
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🍎 Wölffer’s Cider Fest⁠
📅 Sat, Oct 25 | ⏰ 2–5PM⁠
📍 The Wine Stand, Sagaponack⁠
Sip cider, enjoy live music, games, and lobster rolls!⁠
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🍦 Buddhaberry’s Spooktacular Costume Party⁠
📅 Sat, Oct 25 | ⏰ 2–4PM⁠
📍 Buddhaberry, Southampton⁠
Bingo, trivia & costume prizes galore!⁠
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👻 Haunted Village⁠
📅 Sat, Oct 25 | ⏰ 11AM–4PM⁠
📍 Southampton History Museum⁠
Ghost stories, pumpkin carving & trick-or-treating!⁠
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🧙‍♀️ CMEE’s Halloween Bash⁠
📅 Fri, Oct 24 | ⏰ 4–6PM⁠
📍 CMEE, Bridgehampton⁠
Spooky crafts, games & costume contest!⁠
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🎬 The Horror Show at Sunset Theater⁠
📅 Oct 24–30⁠
📍 Westhampton Beach⁠
7 nights of scary movies 🍿⁠
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🎧 Halloween Silent Disco Dance Party⁠
📅 Sat, Oct 25 | ⏰ 7–10PM⁠
📍 Guild Hall, East Hampton⁠
3 channels, endless grooves—disco, funk & more!⁠
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🐾 Canines in Costume at LongHouse Reserve⁠
📅 Sat, Oct 25 | ⏰ 10:30AM–12:30PM⁠
📍 East Hampton⁠
Dress up your pup + enjoy treats & fun!⁠
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🎃 Bridgehampton Halloween Parade⁠
📅 Sat, Oct 25 | ⏰ 10–11AM⁠
📍 Hampton Library, Bridgehampton⁠
Trick-or-treat parade down Main Street!⁠
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🎸 The Cherry Bombs at The Stephen Talkhouse⁠
📅 Fri, Oct 24 | ⏰ 8PM⁠
📍 Amagansett⁠
Rock out all night! 🤘⁠
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🌲 Enchanted Forest Trail⁠
📅 Oct 25–26 | ⏰ 12–1:30PM⁠
📍 Quogue Wildlife Refuge⁠
Costume walk + crafts + games!⁠
⁠
🥁 Annual Ragamuffin Parade⁠
📅 Sun, Oct 26 | ⏰ 1PM⁠
📍 Sag Harbor⁠
Parade fun for all ages + pets!⁠
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🐶 Little Lucy’s Annual Pet Parade⁠
📅 Sat, Oct 25 | ⏰ 1–4PM⁠
📍 Agawam Park, Southampton⁠
Prizes, live music & celebrity judges!⁠
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🕸️ Solé East’s Halloween Party⁠
📅 Sat, Oct 25 | ⏰ 8PM⁠
📍 Montauk⁠
Win a free weekend stay for best costume!⁠
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🍁 Centro’s Fall Festival⁠
📅 Sun, Oct 26 | ⏰ 12–5PM⁠
📍 Hampton Bays⁠
Pumpkin decorating, drinks & local vendors!⁠
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🔗 Click link in bio for more events at Hamptons.com⁠
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#hamptons #halloween #pumpkins #scarymovies #southampton #sagharbor #easthampton #costumes
  • East Hampton’s streets came alive with wagging tails and smiling faces for ARF’s 32nd Annual Stroll to the Sea Dog Walk. Families, friends, and their dogs gathered at the historic Mulford Farm, where the morning kicked off with vendors, photo ops, custom merchandise, contests, and prizes.

@arfhamptons 

#arf #hamptons #community #mainbeach #adoptdontshop❤️
  • Last Saturday, Wölffer held its annual harvest party at its scenic vineyard in Sagaponack. The annual fest brought together friends, families, and wine lovers to toast the season and harvest behind every bottle of Wölffer wine.⁠
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📸: Cameron Burton⁠
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Check out the full gallery at Hamptons.com (Link in Bio)⁠
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#wolffer #hamptons #wolfferwine #harvestparty
  • From Hollywood red carpets to Milan exhibits and Hamptons fashion shoots, Filbert Kung has photographed the world—but it’s his quiet, unguarded, and attentive nature that reveals the artist behind the lens.⁠ @filbert_kung 
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I met Filbert Diego Kung at a Grey/Ven fashion event in Amagansett last summer. He’s one of those rare photographers who instantly puts you at ease—calm, composed, and naturally good at making anyone feel like they belong in front of his lens. Had I known then just how in-demand Filbert is in the fashion and photography world, I probably wouldn’t have asked him to snap a few shots of me goofing off on the red carpet. But maybe that makes me a model? Either way, it was my first glimpse of how effortlessly he captures people as they are. In my case, goofy-but-make-it-chic.⁠
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Since then, I’ve seen him popping up around the Hamptons, often between flights to LA, Miami, or wherever the next big editorial or campaign takes him. Originally from the Philippines, Filbert has spent over fifteen years building a career that bridges Hollywood red carpets, high-fashion editorials, and fine art portraiture. ⁠
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Read the interview at Hamptons.com (Link in Bio)⁠
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⁠#photographer #photography #hamptons
  • From fall festivals to concerts, a lot is happening in the Hamptons this weekend! ⁠
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Check out the top Hamptons events this weekend!⁠
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🎃 Fall Festival at Good Ground Park⁠
📍 Hampton Bays | 🗓️ Fri, Oct 17 | 🕓 4–6PM⁠
Bring your pre-carved pumpkin & compete for prizes! Games, food truck, costume parade & more!⁠
👉 Link in bio⁠
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🍷 Wölffer’s Candlelight Fridays⁠
📍 Sagaponack | 🗓️ Fri, Oct 17 | 🕓 4–7PM⁠
Live music, seasonal pairings & cozy vibes 🍁⁠
👉 Link in bio⁠
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🖼️ Like No One: Michael McDowell Exhibition⁠
📍 East Hampton | 🗓️ Oct 17–19⁠
🎉 Opening reception: Sat, Oct 18 | 4–8PM⁠
Fine art lovers, don’t miss this!⁠
👉 Link in bio⁠
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📚 BookHampton: Caroline Sutton in Conversation⁠
📍 East Hampton | 🗓️ Sat, Oct 18 | 🕕 6PM⁠
Nature meets literature in this insightful author talk.⁠
👉 Link in bio⁠
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👟 Shelter Island Fall 5K Run/Walk⁠
📍 Shelter Island | 🗓️ Sat, Oct 18 | 🕚 11AM–2PM⁠
Run/walk for a cause—supporting Breast Cancer Awareness 💗⁠
👉 Link in bio⁠
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🏛️ 32nd Annual Landmarks Luncheon⁠
📍 Maidstone Club | 🗓️ Sat, Oct 18 | 🕦 11:30AM–2:30PM⁠
Hosted by LVIS, spotlighting the history of East Hampton’s Freetown.⁠
👉 Link in bio⁠
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🍂 Amber Waves’ Oktoberfeast⁠
📍 Amagansett | 🗓️ Sat, Oct 18 | 🕑 2–5PM⁠
Seasonal dishes, live music, dancing & games 🎶⁠
👉 Link in bio⁠
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🎻 BCM Autumn: Brooklyn Rider⁠
📍 Bridgehampton | 🗓️ Sat, Oct 18 | 🕔 5–6:30PM⁠
A powerful string quartet performance you won’t want to miss.⁠
👉 Link in bio⁠
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🍷 Cab Franc Forward Winemaker’s Dinner⁠
📍 Shelter Island | 🗓️ Sun, Oct 19 | 🕔 5PM⁠
Multi-course dinner + Cab Franc pairings = 🍽️🍇 perfection⁠
👉 Link in bio⁠
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✨ So much happening this weekend — which event are you heading to first?⁠
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#hamptons #fall #fallfestival #shelterisland #5k #wine #winedinner #amberwaves #wolffer
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