IN RE: Exmoor House (2011)

Submitted-January 10, 2011

DECISION & ORDER

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Village of Millbrook Planning Board dated November 12, 2009, which, after a hearing, granted an application for permission to construct a housing development, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Dolan, J.), dated October 14, 2009, which, upon an order of the same court dated July 13, 2009, denied the petition and dismissed the proceeding.

ORDERED that the judgment is affirmed, with costs.

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;  Matter of Ramapo Homeowners Assn. v Town of Ramapo, 2 AD3d 529, 530;  Matter of Shibley v. Miller, 212 A.D.2d 799;  cf.  Matter of Gordon v. Village of Monticello, 87 N.Y.2d 124, 127;  Matter of Oshry v Zoning Bd. of Appeals of Inc. Vil. of Lawrence, 276 A.D.2d 491).   There is no support in the record for the claim that the special meeting was not properly noticed as to time and place pursuant to Public Officers Law § 104(2).

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).   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 A.D.2d 284, 290-291).   Accordingly, the Supreme Court properly denied the petition and dismissed the proceeding.

DILLON, J.P., BALKIN, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court