Henry is a partner at Hodgson Russ and co-leader of the firm’s Election Law & Campaign Finance Practice. His work centers on government, development, and public policy, with an emphasis on environmental, energy, land use, municipal, and election law matters. He represents a diverse group of clients – including municipalities, political candidates, campaigns and committees, elected officials, and renewable energy developers – navigating complex regulatory frameworks and public decision-making processes. Henry’s experience spans administrative and judicial forums, where he represents clients in real estate and commercial litigation, tax assessment disputes under the Real Property Tax Law, special proceedings under Article 78 of the Civil Practice Law and Rules, and high-stakes election-related challenges.
In his election law practice, Henry advises candidates, campaign committees, elected officials, and public-sector clients on navigating the requirements of New York Election Law. His practice focuses on legal and procedural compliance and strategic advantage, including ballot access, petition and election contests, recounts, and campaign finance requirements, along with related legal challenges. Henry is experienced with the legal and technical standards governing elections. He regularly appears before local boards of elections and litigates cases in trial courts, the Appellate Division, and the New York Court of Appeals. See, e.g., Amedure v. State of New York, 232 A.D.3d 48 (3d Dep’t 2024), aff’d 43 N.Y.3d 116 (2024).
Complementing this public-sector focus, Henry represents and counsels municipalities on matters involving zoning, land use, code enforcement, takings/eminent domain, the State Environmental Quality Review Act (SEQRA), the Freedom of Information Law (FOIL), and the Open Meetings Law (OML). He provides guidance to both municipal and private clients on land use and real estate development issues, including project permitting, approvals, requests for area and use variances, and in related zoning litigation.
Additionally, Henry maintains a robust practice in property tax and exemptions. He draws on his experience in the property tax field to advise developers of renewable energy projects across New York State on real property tax implications, including the interplay of Real Property Tax Law (RPTL) Section 487 exemptions and payment-in-lieu-of-taxes (PILOT) agreements. He represents and supports clients in obtaining exemptions and incentives under RPTL Section 420-a for non-profit entities and RPTL Section 485-b for commercial and industrial facilities. Through his efforts, developers are able to better evaluate and prepare for real estate tax liabilities before and during the life of their projects. Henry represents developers and other clients before boards of assessment review and in Supreme Court litigation involving property tax exemptions and valuation issues. He also defends municipalities and school districts in tax assessment challenge cases.
As part of his broader practice, Henry also serves as outside general counsel for public university student governments, where he advises on policy matters, regulatory and legal compliance, risk management, and contract review and negotiation.
Services
Education
State University College at Buffalo, B.A., cum laude
University at Buffalo School of Law, J.D.
Admissions
- New Jersey
- New York
- U. S. District Court, Western District of New York
- U.S. District Court, Northern District of New York
- U. S. Bankruptcy Court, Western District of New York
Bar Associations
- New York State Bar Association
- Bar Association of Erie County
Representative Work
- Federal and State Regulatory and Zoning Counsel on Energy Storage Financing
- Counsel on Community Solar Projects
- Hodgson Russ Prevails Before New York State Court of Appeals on Constitutionality of Election Law Provision Pertaining to Treatment and Canvassing of Mail-In Ballots
- Monroe County Supreme Court Grants RPTL § 420-a Non-Profit Property Tax Exemption
- Obtained Exemption Under Real Property Tax Law § 420-a
- Real Property and Title Work for Energy Sector Client
- Real Property Tax Refunds in Excess of $1.3M for Exemption Litigation
Recognitions
- Listed, Best Lawyers: Ones to Watch in America (Commercial Litigation, Energy Law, Environmental Law, Municipal Law), 2021 - 2027
- Listed, Best Lawyers in America (Commercial Litigation, Energy Law, Environmental Law, Municipal Law ), 2026
- Listed, Upstate New York Super Lawyers Rising Stars (Environmental Litigation), 2017 – 2025
- Rising Champion For Justice, Erie County Bar Association Volunteer Lawyers Project, 2023
- Robert J. Connelly Excellence in Trial Advocacy Award, 2013
- Associate Editor, Buffalo Journal of Gender, Law & Social Policy, 2013 - 2014
- Competitor, Philip C. Jessup International Moot Court Competition (advanced to the 2014 international rounds; 7th Best Oralist in the World/3rd Best Oralist in the U.S. out of approximately 600 oralists)
News & Insights
- AlertHodgson Russ Tax-Exempt Organizations and Election Law & Campaign Finance Alert
With the general elections just around the corner, many tax-exempt organizations – from public charities to trade associations to corporate PACs – are asking the same question: How much political activity can we engage in before we put our tax-exempt status at risk?
- Speaking EngagementLake Placid, NY
Hodgson Russ partners Henry A. Zomerfeld and Daniel A. Spitzer recently spoke at the NYSBA Local and State Government Law Section Fall Meeting 2026.
- AlertHodgson Russ Election Law and Campaign Finance Alert
The U.S. Supreme Court on September 25, 2026, issued a per curiam order granting the Government’s application to stay a district court injunction that had blocked the modified Systematic Alien Verification for Entitlements (“SAVE”) program. Department of Homeland Security v. League of Women Voters, No. 26A308 (Sept. 25, 2026). The stay allows the Department of Homeland Security (“DHS”) to resume using the modified SAVE program, which links Social Security Administration (“SSA”) records to citizenship verification requests from state and local election officials, while litigation over the program continues.
- AlertHodgson Russ Election Law & Campaign Finance Alert
Yesterday, on September 14, 2026, the U.S. Supreme Court issued an important order which confirms that the United States Postal Service’s recent rules regarding mail-in ballots cannot be used for the upcoming 2026 election. The order denied the Government’s request to stay the preliminary injunction, which had been issued by the District Court and upheld by the First Circuit. We reported on the injunction and the anticipated Supreme Court decision in our September 14, 2026, alert. The Supreme Court’s order means the USPS Final Rule will not be in effect for the 2026 midterm elections, which are now less than 50 days away.
- AlertHodgson Russ Election Law & Campaign Finance Alert
Since our August 2026 election law alert reporting that the Supreme Court had stayed the District Court’s injunction against Executive Order 14399 on standing and ripeness grounds, holding that the plaintiff states’ challenge to Section 3 of the Executive Order was not yet ripe because no final USPS rule had been issued, the litigation has moved with extraordinary speed. The Supreme Court was explicit that its ruling “does not mean that any measure taken by the Government to implement the Order will necessarily be lawful.” That final rule arrived days later. Despite the then-existing injunction, USPS issued its Final Rule on the evening of Friday, August 21, 2026. Two federal courts have now blocked it. The Trump Administration is expected to seek emergency relief from the Supreme Court. Here is what happened, what it means, and what comes next.
- AlertHodgson Russ Real Property Tax Assessment and Municipal Law Alert
Selection of comparable sales is one of the most heavily litigated elements of any real property tax assessment or eminent domain challenge that relies on the sales comparison approach. A recurring mistake, recently addressed by the Second Department in Matter of Goldiron Farming, LLC v. Town of Stanford, 249 A.D.3d 876 (2d Dep’t 2026), is treating a distinguishing feature of the subject property as grounds to exclude an otherwise comparable sale from the data set altogether. The court’s decision confirmed the correct approach is not exclusion but adjustment: an appraiser should identify sales that are genuinely comparable in their relevant market and then adjust each one, up or down, for material differences between it and the subject property. Narrowing the pool of comparables to only those sharing a specific attribute of the subject, in this case, qualifying for a narrow tax exemption, risks distorting the analysis and undermining the appraisal’s reliability.
- AlertElection Law and Campaign Finance Alert
On August 24, 2026, the Supreme Court stayed an injunction issued by the U.S. District Court for Massachusetts which enjoined the federal government from implementing President Trump’s recent order regarding mail-in ballots. The decision was issued per curiam with three dissents and, collectively, consists of 37 pages. The decision has been widely, and confusingly, reported in the press. This alert explains the decision and clarifies what the Supreme Court has, and has not, ruled.
- Press ReleaseHodgson Russ Press Release
- AlertRenewable Energy & Municipal Law Alert
New York courts have long recognized that public utility infrastructure must be considered under different variance standards given that regional and state needs for such infrastructure outweigh purely local considerations. Under the Public Utility Variance (“PUV”) standard that the New York Court of Appeals established in Matter of Consolidated Edison Co. of N.Y. v. Hoffman, 43 N.Y.2d 598 (1978), where a proposed facility demonstrates that it is a public necessity required to render safe and adequate service, that there are compelling reasons, economic or otherwise, which make it more feasible to construct the project where proposed than an alternative, and where the intrusion or burden on the community is minimal, the required showing is correspondingly reduced. See generally Hoffman. See also our earlier alert on the PUV standard.
- SeminarBuffalo Marriott Niagara, 1340 Millersport Hwy, Amherst, NY 14221
- Speaking EngagementBar Association of Erie County
Hodgson Russ partner Henry Zomerfeld presented “The Power and Limits of Eminent Domain: A Case Law Update” to the Bar Association of Erie County’s Appellate Practice and Eminent Domain Committees.
- AlertHodgson Russ Renewable Energy Alert
By April 30th, owners of single electric-generating facilities or multiple electric-generating facilities located on the same New York site with a nameplate capacity of one megawatt or greater must file an Annual Report, formally known as Form RP-575, with the State Department of Taxation and Finance Office of Real Property Tax Services (“ORPTS”). This requirement, enacted in 2020 by Real Property Tax Law (“RPTL”) § 575-a, was designed to provide confidential information that ORPTS could use to inform the RPTL § 575-b tax assessment model.
- AlertHodgson Russ Election Law & Campaign Finance Alert
New York State has some of the most complex and unforgiving deadlines for election-related submissions. Missing a deadline, even by a single day, can result in removal from the ballot, disqualification of an entire petition, objections being rejected, and possible other consequences under the law, including financial penalties. With the current election cycle underway, candidates, party committees, and their counsel must act now to comply with these deadlines and achieve critical milestones during the election calendar.
- AlertHodgson Russ Renewable Energy and Real Property Tax Assessment & Eminent Domain Alert
After several years and iterations of the solar and wind assessment model under Real Property Tax Law (“RPTL”) § 575-b, the New York State Department of Taxation and Finance’s 2026 draft assessment model (the “2026 Draft Model”) includes a new category for solar + storage. While some in the solar industry sought to include solar + storage in the assessment model to bring further uniformity and predictability for solar + storage projects, this addition raises a question about whether including hybrid solar + storage projects is consistent with RPTL § 575-b. As discussed below, RPTL § 575-b refers to the definition of solar or wind energy systems in RPTL § 487, and this definition includes energy storage devices. Thus, the inclusion of solar + storage is consistent with the statutory framework. It remains to be seen whether the 2026 Draft Model, if finalized to include solar + storage, will be challenged on this ground or any others. We will separately report on the updates to the 2026 Draft Model as it concerns discount rates, use, and functionality.
- AlertHodgson Russ Renewable Energy and Real Property Tax Assessment & Eminent Domain Alert
The New York State Department of Taxation and Finance (“DOTF”) released the draft 2026 solar and wind valuation model and updated discount rates (the “Draft 2026 Model”) for public review and comment. Under Real Property Tax Law § 575-b, these discounted cash flow models are mandatory for local assessment of wind and solar energy systems over 1 megawatt AC.
- Speaking EngagementNew York, New York
- Speaking EngagementJan 13-16, 2026New York, New York
- AlertHodgson Russ Renewable Energy & Real Property Tax Assessment Alert
For renewable energy project developers with projects in New York City, January 5 is an especially important date because it is the City’s “Taxable Status Date” (unlike many towns that operate under a March 1 deadline). This deadline controls when developers must submit their tax exemption application (RP-487) to obtain the benefit of New York’s renewable energy facility tax exemption under Real Property Tax Law (“RPTL”) § 487. Although state law (RPTL § 302(1)) sets March 1 as the taxable status date, New York City Charter § 1507 overrides that provision and sets January 5 as the taxable status date.
- AlertHodgson Russ Municipal, Tax-Exempt Organizations & Real Property Tax Assessment Alert
A mandatory real property tax exemption in New York is provided by Real Property Law § 420-a(1)(a) for property meeting a two-prong test: first, if owned by an organization formed for “religious, charitable, hospital, educational, or moral or mental improvement of men, women or children purposes,” and second, if used exclusively for carrying out such purposes.
- AlertHodgson Russ Renewable Energy and Real Property Tax Assessment Alert
New York Governor Kathy Hochul signed legislation resolving the latest attack on the solar and wind real property tax assessment model. The legislation, Senate Bill S.8012 (Assembly Bill A.8332) (the “Legislation”), is in direct response to the Airey, et al. v. State of New York, et al., Index No. 903991-24, case in Albany County Supreme Court (the “Challenge”). The Court in Airey held the assessment model under Real Property Tax Law (“RPTL”) § 575-b (the “Model”) unconstitutional (the “Decision”). We previously reported on the Decision in our alert on March 5, 2025.
- AlertHodgson Russ Renewable Energy Alert
Solar projects are governed by the Public Utility Variance (“PUV”) standard that the New York Court of Appeals announced in Matter of Consolidated Edison Co. of N.Y. v. Hoffman, 43 N.Y.2d 598 (1978). Under this test, where a proposed facility demonstrates that it is a public necessity required to render safe and adequate service, that there are compelling reasons, economic or otherwise, which make it more feasible to construct the project where proposed than an alternative, and where the intrusion or burden on the community is minimal, the required showing is correspondingly reduced.
- Webinar
"Navigating the Legal Landscape: Tax-Exempt Organizations in Today’s Climate" webinar* brought to you by the Hodgson Russ Real Property Tax and Tax-Exempt/Nonprofit team.
- Press ReleaseHodgson Russ Press Release
- QuotedBloomberg Law News
Hodgson Russ Partners Daniel Spitzer and Henry Zomerfeld were quoted in a recent article by Bloomberg Law News titled “New York Church Case to Shed Light on Tax Exemption, Zoning Laws.”
- Press ReleaseHodgson Russ Press Release
- QuotedThe Buffalo News
Hodgson Russ is providing legal counsel to New Energy Equity, a Maryland-based solar developer, on a $3.7 million community solar project in the Town of Poland, Chautauqua County.
- AlertHodgson Russ Renewable Energy & Real Property Tax Assessment Alert
New York’s Real Property Tax Law (“RPTL”) § 487 provides a tax exemption for qualifying renewable energy systems, including wind and solar projects. Taxing jurisdictions that have not opted out of the exemption can require a payment-in-lieu-of-taxes (“PILOT”) agreement, but must respond to a developer’s notice. A recent appellate court case reviewed the obligations of project developers, owners, and taxing jurisdictions, holding that a developer had properly given notice to a school district.
- Speaking EngagementPace University Law School Land Use Center
Hodgson Russ attorneys Amy D'Ambrogio, Henry Zomerfeld, Matt Liponis, and Dan Spitzer presented to local government officials at the Land Use Leadership Alliance Training Program on Clean Energy, which was held in Batavia and Watertown.
- Speaking EngagementSouthern Tier West Local Government Conference
Henry Zomerfeld presented "Zoning Enforcement for CEOs" at the Southern Tier West Local Government Conference, which was hosted at Houghton University on June 5, 2025.
- SeminarBuffalo Marriott Niagara, 1340 Millersport Hwy, Amherst, NY 14221
- AlertHodgson Russ Renewable Energy Alert
- Speaking EngagementWestern New York Paralegal Association
- Speaking EngagementTug Hill Commission
Henry Zomerfeld and Michael Boncardo presented at the Tug Hill Commission Local Government Conference in Verona, New York, on April 1, 2025.
- AlertHodgson Russ Renewable Energy Alert
In a decision and order filed March 4, 2025, Albany County Supreme Court held that Real Property Tax Law (“RPTL”) § 575-b is unconstitutional (the “Decision”).
- Speaking EngagementNew York City
Our partners Dan Spitzer, Amy D'Ambrogio, and Henry Zomerfeld presented at the 2025 Association of Towns Annual Meeting and Training School in New York City.
- AlertHodgson Russ Tax-Exempt Organizations & Real Property Tax Assessment Alert
Non-profit entities in New York that are seeking a real property tax exemption under Real Property Tax Law (“RPTL”) § 420-a must do so by the taxable status date, March 1 in most communities. Whether or not real property is taxable or tax-exempt “shall be determined annually according to its condition and ownership as of the first day of March.”
- AlertHodgson Russ Renewable Energy & Real Property Tax Assessment Alert
In most towns in New York, March 1 is the “Taxable Status Date,” before which developers must submit their tax exemption application to the local assessor to obtain the benefit of New York’s renewable energy facility tax exemption under Real Property Tax Law (“RPTL”) § 487.
- AlertHodgson Russ Renewable Energy & Real Property Tax Alert
- Press ReleaseHodgson Russ Press Release
- Media MentionThe Post-Journal
- Webinar
- QuotedBloomberg Law
- Webinar
- Press ReleaseHodgson Russ Press Release
- Press ReleaseHodgson Russ Press Release
- AlertHodgson Russ Renewable Energy Alert
- AlertHodgson Russ Real Property Tax Assessment & Eminent Domain, Municipal, and Tax-Exempt Alert
- AlertHodgson Russ Energy & Environmental Alert
- AlertHodgson Russ Renewable Energy Alert
- AlertHodgson Russ Real Property Tax Assessment & Eminent Domain and Municipal Alert
- AlertHodgson Russ Renewable Energy Alert
- Speaking EngagementErie County Fire Training Academy, 3359 Broadway, Buffalo, NY 14227
- AlertHodgson Russ Renewable Energy Alert
- SeminarM Hotel Buffalo, 2040 Walden Ave., Buffalo, NY 14225
- AlertHodgson Russ Renewable Energy Alert
- Seminar
- AlertHodgson Russ Renewable Energy Alert
- AlertHodgson Russ Environment & Energy Alert
- AlertHodgson Russ Renewable Energy Alert
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- AlertHodgson Russ Environmental Alert
- SeminarTempleton Landing, 2 Templeton Landing, Buffalo, NY 14202
- AlertHodgson Russ Renewable Energy Alert
- AlertHodgson Russ Renewable Energy Alert
- Speaking EngagementNew York Hilton Midtown
- AlertHodgson Russ Renewable Energy Alert
- NewsBloomberg.com Daily Tax Report
- AlertHodgson Russ Renewable Energy & Municipal Alert
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- Press Release
- Press Release
- AlertHodgson Russ Renewable Energy Alert
- ArticleLaw360
- AlertHodgson Russ Real Property Tax Assessment & Eminent Domain Alert
- NewsTax Notes State
- Press Release
- AlertHodgson Russ Brownfield Redevelopment Alert
- SeminarBuffalo Marriott Niagara 1340 Millersport Hwy, Amherst, NY 14221
- AlertHodgson Russ Renewable Energy Alert
- AlertHodgson Russ Municipal Alert
- NewsBuffalo News
- AlertHodgson Russ Renewable Energy Alert
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- AlertHodgson Russ Renewable Energy and Real Estate Alert
- NewsKen-Ton Bee
- AlertHodgson Russ Municipal Alert
- SeminarBuffalo Niagara Marriott, 1340 Millersport Hwy, Amherst, NY 14221
- NewsHodgson Russ Renewable Energy & Municipal Alert
- NewsHodgson Russ Renewable Energy and Municipal Alert
- Speaking EngagementBravo Cafe and Catering
- NewsHodgson Russ Municipal and Education Alert
- NewsHodgson Russ Brownfield Redevelopment Alert
- Alert
- SeminarBar Association of Erie County Headquarters
- NewsHodgson Russ Environmental Alert
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- NewsHodgson Russ SALT and Renewable Energy Alert
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- NewsAmerican College of Real Estate Lawyers (ACREL) - News & Notes
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Civic
- Director, Board of Directors, Buffalo Niagara River Land Trust, March 2024-present
- NYSBA Empire Counsel Award, 50 or more hours of pro bono work
- President Elect, Director, and Former Secretary, University at Buffalo Law Alumni Association and Graduates of the Last Decade ("GOLD") Group 2016- Present
- President, Volunteer Lawyers Project Rising Champions for Justice, 2022
- Community Council Member, Buffalo State Newman Center , 2022
- Assistant Coach, Buffalo State Mock Trial, 2011-2015
- Member, Order of Barristers Honor Society, 2014
- Bar Association of Erie County: Volunteer Lawyers Project
Professional
- Treasurer, New York State Bar Association Local and State Government Law Section
- Member, New York City Bar Association Elections Law Committee
- Member, New York State Bar Association, Committee on Condemnation, Certiorari and Real Estate Taxation; Committee on Legal Education and Admission to the Bar
- Member, Bar Association of Erie County, Committee on Eminent Domain and Tax Certiorari
- Associate member, New York State Assessors Association
- Past Chairperson, Bar Association of Erie County, Environmental Law Committee
