Addesso v. Sharpe
Addesso v. Sharpe
Opinion of the Court
OPINION OF THE COURT
Memorandum.
Having determined that the zoning board of appeals could no longer meet in closed session to deliberate on the evidence adduced at a public hearing on a variance application, the Mayor sought to remove the petitioners from office for "willfully and intentionally” disregarding the mandate of the newly enacted Open Meetings Law (L 1976, ch 511, eff Jan. 1, 1977). It is clear from the record, however, that the petitioners had met in executive session not in defiance of settled law but
Under these circumstances we agree with the Appellate Division that the element of willfulness or wanton disregard for the new law’s mandate found by the Mayor was totally unsupported. For this reason it is unnecessary at this time to reach the broader issues presented under the "quasi-judicial” exemption of the Open Meetings Law.
The order of the Appellate Division should be affirmed.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order affirmed, with costs, in a memorandum.
Reference
- Full Case Name
- In the Matter of Jack A. Addesso, Individually and as Chairman of the Zoning Board of Appeals of the City of Mount Vernon v. Thomas E. Sharpe, as Mayor of the City of Mount Vernon
- Status
- Published