Goodson Todman Enterprises, Ltd. v. Town Bd. of Milan
| Decision Date | 19 June 1989 |
| Citation | 542 N.Y.S.2d 373,151 A.D.2d 642 |
| Parties | GOODSON TODMAN ENTERPRISES, LTD., Respondent, v. TOWN BOARD OF MILAN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Robert F. Winne, Rhinebeck, for appellant.
Ricken, Goldman, Sussman & Blythe, Kingston (Alan N. Sussman, of counsel), for respondent.
Before BROWN, J.P., and KOOPER, HARWOOD and ROSENBLATT, JJ.
MEMORANDUM BY THE COURT.
In a proceeding pursuant to CPLR article 78, inter alia, to compel the Zoning Revision Committee created by the Town Board of Milan to hold open meetings pursuant to Public Officers Law article 7, the Town Board of Milan appeals from (1) an order of the Supreme Court, Dutchess County (King, J.), entered October 6, 1988, which, inter alia, directed that any future meetings of the Zoning Revision Committee be open to the public, and (2) a judgment of the same court, entered October 25, 1988, which (a) granted the petition, (b) directed that the meetings of the Zoning Revision Committee be open to the public and press and must be on notice, (c) enjoined the appellant from permitting any closed meetings, (d) and granted the petitioner $500 in attorneys' fees.
ORDERED that the appellant is awarded one bill of costs.
On January 11, 1989, the Town Board of Milan created a Zoning Revision Committee, whose function was to recommend changes in the town zoning ordinance. In March 1988 a news correspondent employed by the petitioner Goodson Todman Enterprises, Ltd. was denied access to the committee's meetings. The petitioner alleges that the closed meetings of the Zoning Revision Committee are "illegal and contrary to the provisions of Title 7 of the Public Officers' Law".
The Supreme Court, Dutchess County, granted the petition, concluding inter alia, that any future meetings of the Zoning Revision Committee must be on notice and open to the public.
Public Officers Law § 102(2) defines a "public body" subject to Public Officers Law article 7 (hereinafter the Open Meetings Law) as:
"any entity, for which a quorum is required in order to conduct public business and which consists of two or more members, performing a governmental function for the State or for an agency or department thereof * * * or committee or subcommittee or other similar body".
The record at bar reveals that the limited function of the Zoning Revision Committee--for which no quorum requirement exists--is merely to advise the appellant with respect to a contemplated change in the town's zoning ordinance. The committee's members do not hold fixed terms and the appellant need not wait for the...
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