Majority
The petitioners failed to satisfy their burden of establishing that the respondent Village of Millbrook Planning Board violated the open meetings provisions of the Public Officers Law (see Public Officers Law § 103 [b]; § 104 [1], [2]; Matter of Halperin v City of New Rochelle, 24 AD3d 768 , 777-778 [2005]; Matter of Ramapo Homeowners Assn. v Town of Ramapo, 2 AD3d 529 , 530 [2003]; Matter of Shibley v Miller, 212 AD2d 799 [1995]; cf. Matter of Gordon v Village of Monticello, 87 NY2d 124 , 127 [1995]; Matter of Oshry v Zoning Bd. of Appeals of Inc.
Moreover, there is no statutory requirement in the Open Meetings Law that notice of the agenda of a special meeting must be given to the public (see Matter of LaLima v County of Suffolk, 45 AD3d 845 , 847 [2007]). Here, all the votes on the subject application were properly taken in the public session of the special meeting (see Public Officers Law § 103 [a]; § 105 [1]; Matter of MCI Telecom. Corp. v Public Serv. Commn. of State of N.Y., 231 AD2d 284 , 290-291 [1997]). Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding. Dillon, J.R, Balkin, Belen and Austin, JJ., concur.
Cases cited
- Halperin v. City of New Rochelle 24 AD3d 768 at 777-778 p. 763
- Ramapo Homeowners Ass'n v. Town of Ramapo 2 AD3d 529 at 530 p. 763
- Gordon v. Village of Monticello, Inc. 87 NY2d 124 at 127 p. 763
- Oshry v. Zoning Board of Appeals 276 AD2d 491 p. 764
- LaLima v. County of Suffolk 45 AD3d 845 at 847 p. 764
- MCI Telecommunications Corp. v. Public Service Commission 231 AD2d 284 at 290-291 p. 764