Henry concentrates his practice in environmental, energy, land use, and municipal law. His broader practice includes representing businesses and municipalities in a variety of commercial and contract-based litigation, tax assessment litigation under the Real Property Tax Law, and special proceedings under Article 78 of the Civil Practice Law and Rules.
As part of his municipal practice, Henry represents and counsels municipalities in a variety of matters, including those related to zoning, land use, code enforcement, takings, the State Environmental Quality Review Act, the Freedom of Information Law, and the Open Meetings Law. In addition, he represents municipalities and school districts in defending tax assessment challenge litigation.
Henry draws on his experience in the property tax arena to advise developers of renewable energy projects across New York State on real property tax implications, including the interplay of Real Property Tax Law Section 487 exemptions and payment-in-lieu-of-taxes (PILOT) agreements. Through his efforts, developers are able to better evaluate and prepare for real estate tax liabilities before and during the life of their projects. He represents developers and other clients before boards of assessment review and in Supreme Court litigating property tax exemptions and valuation issues. As part of his property tax practice, Henry also counsels clients on real property exemptions and incentives, including Real Property Tax Law Section 420-a for non-profit entities and Real Property Tax Law 485-b for commercial and industrial facilities.
In connection with his practice, Henry counsels both municipalities and private clients on land use and real estate development issues, including area and use variances, and project approvals, and has represented these clients in litigation over zoning matters.
As part of his broader practice, Henry also serves as outside general counsel for public university student governments. In this capacity, he advises on policy matters, regulatory and legal compliance, risk management, and contract review and negotiation.
Listed, Best Lawyers: Ones to Watch in America(Commercial Litigation, Energy Law, Environmental Law, Municipal Law), 2021 - 2025
Listed, Upstate New York Super Lawyers Rising Stars (Environmental Litigation), 2017 – 2024
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 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
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”).
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
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
Chairperson, Bar Association of Erie County, Environmental 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
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