NY Appellate Court Affirms Denial of Open Meetings Law Claims Over SEQRA Findings

Petitioners challenged a resolution of the Common Council of the City of White Plains that adopted a findings statement pursuant to the State Environmental Quality Review Act. The lower court denied the petition to annul the resolution based on alleged violations of the Open Meetings Law. On appeal, petitioners alleged that revisions to a draft findings statement which were made between a noticed public meeting held on December 9, 2013, and a noticed public meeting held on December 19, 2013, violated the Open Meetings Law. Here, the record indicated that the revisions were based upon discussions between members of the Common Council, individually, and the Corporation Counsel for the City. Furthermore, no quorum of the Common Council was present at the time of these discussions, and the revisions to the draft findings statement were posted on the website for the City in advance of the December 19, 2013 public meeting. A quorum of the Common Council then met at the public meeting held on December 19, 2013, and publicly voted upon the resolution adopting the findings statement. Accordingly, the court held that no violation of the Open Meetings Law took place.

Gedney Association, et al v City of White Plains, 2017 WL 600519 (NYAD 2 Dept. 2/15/2017)