Rivers v. Young

26 Misc. 3d 946
CourtNew York Supreme Court
DecidedDecember 22, 2009
StatusPublished
Cited by1 cases

This text of 26 Misc. 3d 946 (Rivers v. Young) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rivers v. Young, 26 Misc. 3d 946 (N.Y. Super. Ct. 2009).

Opinion

OPINION OF THE COURT

William J. Giacomo, J.

“The Open Meetings Law was enacted in 1976 (L 1976, ch 511) in an attempt to overcome the ‘crisis of confidence in American politics occasioned by Watergate’ . . . It is this State’s version of laws adopted nationwide, most commonly known as ‘Sunshine Laws’ . . . which were intended to restore the public’s faith in governmental bodies by encouraging them to conduct business in a public manner.” (Matter of Csorny v Shoreham-Wading Riv. Cent. School Dist., 305 AD2d 83, 88 [2d Dept 2003], quoting Matter of Gordon v Village of Monticello, 87 NY2d 124, 126 [1995], and citing Matter of Smith v City Univ. of N.Y., 92 NY2d 707 [1999]; Matter of Goetschius v Board of Educ. of Greenburgh Eleven Union Free School Dist., 244 AD2d 552 [2d Dept 1997].)

With new technological advances enuring to the public daily, how quickly must our governmental institutions and organizations update their procedures to ensure that the public’s faith in the transparency of our government’s actions is maintained?

Background

In the instant matter, the pro se petitioner, who identifies himself as a “duly qualified resident of the City of Mount Vernon” and a “qualified voter of the State of New York, entitled to vote in the City of Mount Vernon” (petition H 1), seeks to have this court declare “insufficient, defective, invalid, null, and void” the public hearing date set by the Mount Vernon Board of Estimate and Contract (the Board) for public comment on the 2010 Mount Vernon city budget. Petitioner argues that the setting of such date for a public hearing was made at a meeting [948]*948held in violation of the New York State Open Meetings Law and was not properly noticed to the public at large. As a consequence, petitioner contends that any and all acts by the Board as a result of the improperly scheduled and noticed meeting should be declared null and void.

Petitioner presented the instant order to show cause to this court on December 10, 2009 and initially sought a temporary restraining order (TRO) to prevent the Board from conducting a public comment/hearing on the proposed Mount Vernon 2010 budget (the budget) that very evening. At oral argument on the TRO application, petitioner argued that the Board unlawfully met on December 1, 2009, where, at a “closed meeting,” scheduled the date for the public comment/hearing on the budget for December 10, 2009. Petitioner argued that as a result, the action taken at the improper December 1st meeting, i.e., the scheduling of the public comment/hearing, must be voided and the public comment/hearing cancelled and rescheduled for a later date. This court denied the TRO after petitioner admitted that he would suffer no irreparable harm in the event the public comment/hearing was conducted by the Board as scheduled.

A scheduling order for the submission of opposition papers by the respondents, and reply by the petitioner was set. The court received submissions and conducted oral argument on the petition on December 22, 2009.

At the December 22, 2009 oral argument, petitioner asserted that any action taken at any meeting held by the Board after May 12, 20091 is null and void, including the December 1st, December 2nd and December 10th meetings, because the Board failed to conspicuously post information regarding its meeting dates and times on the Mount Vernon Web site, when it had “the ability to do so,” in violation of Public Officers Law § 104 (5). Petitioner takes the position that these meetings were not properly noticed as required by law, were illegal meetings and therefore any action taken thereat is null and void. Petitioner asserts that as a result of the foregoing, the respondents have deprived those citizens of the City of Mount Vernon who wish to be heard with regard to the proposed budget, a fair opportunity to evaluate the budget and attend the public comment/hearing. In particular, petitioner states that certain proposed cuts in the [949]*949budget which eliminate a number of positions need to be fully addressed by the public.

In opposition, respondents assert that all meetings of the Board were properly noticed and they are in full compliance with article 7 of the Public Officers Law. In addition, and, more importantly as will be discussed herein, respondents also argue that regardless of their statutory compliance obligations, petitioner lacks standing to bring the instant action.

Analysis

Courts are empowered, upon good cause shown, to declare void any action taken by a public body in violation of the mandate of the Open Meetings Law. (Matter of Roberts v Town Bd. of Carmel, 207 AD2d 404, 405 [2d Dept 1994], lv denied 84 NY2d 811 [1994], citing Matter of New York Univ. v Whalen, 46 NY2d 734, 735 [1978].)

Nevertheless, in this case, prior to addressing the propriety of any action allegedly taken in violation of the Open Meetings Law, the court must address the issue of standing duly raised by the respondents.

Standing

Once questioned, the standing of a party to seek judicial review of a particular claim or controversy is a jurisdictional threshold matter that must be resolved by the court before the merits of the application are reached. (Society of Plastics Indus. v County of Suffolk, 77 NY2d 761 [1991].)

“It has long been a core principle of our system that a court has no inherent power to right a wrong unless the rights of the party requesting relief are affected by the challenged action . . . Thus, a plaintiff must allege an injury-in-fact that falls within his or her zone of interest” (Skelos v Paterson, 65 AD3d 339, 344 [2d Dept 2009], read on other grounds 13 NY3d 141 [2009], citing Society of Plastics Indus. v County of Suffolk, supra, and Schieffelin v Komfort, 212 NY 520, 530 [1914]).

Here, petitioner alleges violation of the Open Meetings Law which can be found at article 7 of the Public Officers Law. Public Officers Law § 107 (1) sets forth that “[a]ny aggrieved person shall have standing to enforce the provisions of this article against a public body by the commencement of a proceeding pursuant to article seventy-eight of the civil practice law and rules, and/or an action for declaratory judgment and injunctive relief.”

[950]*950Petitioner argues that as a “duly qualified resident of the City of Mount Vernon” and a “qualified voter of the State of New York, entitled to vote in the City of Mount Vernon” he is an aggrieved person with standing in this matter. At oral argument on December 22, 2009, petitioner asserted that he has standing to bring this action as a Mount Vernon business owner,2 who contributes to his mother’s3 household expenses, and who resides in the City of Mount Vernon. He asserts that as a member of the public community that will be affected by the 2010 budget proposed by the Board, he can challenge its action.

Simply contending that an issue or matter is one of vital public concern or “wide public concern” does not confer standing on a party. (Rudder v Pataki, 246 AD2d 183, 186 [3d Dept 1998], affd 93 NY2d 273 [1999]; see also Society of Plastics Indus. v County of Suffolk, supra.)

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Cite This Page — Counsel Stack

Bluebook (online)
26 Misc. 3d 946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivers-v-young-nysupct-2009.