New York University v. Whalen
Cases that cite this one
69 later published cases cite this decision. The 25 that cite it most often are listed here.
- Matter of Lynch v. New York City Civilian Complaint Review Bd. (Appellate Division of the Supreme Court of New York 2022)
- Matter of Lynch v. New York City Civilian Complaint Review Bd. (Appellate Division of the Supreme Court of New York 2022)
- Chestnut Ridge Assoc., LLC v. 30 Sephar Lane, Inc. (Appellate Division of the Supreme Court of New York 2019)
- Matter of Krauss v. Suffolk County Bd. of Elections (Appellate Division of the Supreme Court of New York 2017)
- Matter of Krauss v. Suffolk County Bd. of Elections (Appellate Division of the Supreme Court of New York 2017)
- Gernatt Asphalt Products, Inc. v. Town of Sardinia (N.Y. 1996)
- Mobil Oil Corp. v. City of Syracuse Industrial Development Agency (Appellate Division of the Supreme Court of New York 1996)
- Roberts v. Town Board of Carmel (Appellate Division of the Supreme Court of New York 1994)
- Devitt v. Heimbach (New York Supreme Court 1981)
- Kessel v. D'Amato (New York Supreme Court 1979)
- Matter of Save Monroe Ave., Inc. v. Town of Brighton (Appellate Division of the Supreme Court of New York 2023)
- Sindoni v. Board of Educ. of Skaneateles Cent. Sch. Dist. (Appellate Division of the Supreme Court of New York 2022)
- Matter of Save the Pine Bush, Inc. v. Town of Guilderland (Appellate Division of the Supreme Court of New York 2022)
- Matter of Save the Pine Bush, Inc. v. Town of Guilderland (Appellate Division of the Supreme Court of New York 2022)
- Matter of McCrory v. Village of Mamaroneck Bd. of Trustees (Appellate Division of the Supreme Court of New York 2020)
- Matter of Reese v. Erie County Bd. of Elections (Appellate Division of the Supreme Court of New York 2019)
- Matter of Fichera v. New York State Dept. of Envtl. Conservation (Appellate Division of the Supreme Court of New York 2018)
- Matter of Cutler v. Town of Mamakating (Appellate Division of the Supreme Court of New York 2016)
- Matter of Peehl v. Village of Cold Spring (Appellate Division of the Supreme Court of New York 2015)
- MAX, JR., FRANK C. v. WARD, DENNIS E. (Appellate Division of the Supreme Court of New York 2013)
- Frigault v. Town of Richfield Planning Board (Appellate Division of the Supreme Court of New York 2013)
- Frigault v. Town of Richfield Planning Board (Appellate Division of the Supreme Court of New York 2013)
- Max v. Ward (Appellate Division of the Supreme Court of New York 2013)
- Max v. Ward (Appellate Division of the Supreme Court of New York 2013)
- New York State Nurses Ass'n v. State University (New York Supreme Court 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
It is the policy of this State as expressed in its "Open Meetings Law” (Public Officers Law, §§ 95-106) that "public business be performed in an open and public manner and that the citizens of this state be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy.” (§ 95.) In furtherance of this objective of public accountability, courts are empowered, in their discretion and upon good cause shown, to declare void any action taken by a public body in violation of the mandate of this legislation. (§ 102.) Inclusion by the Legislature of this language vesting in the courts the discretion to grant remedial relief makes it abundantly clear that not every breach of the "Open Meetings Law” automatically triggers its enforcement sanctions. (See, generally, Comment, New York Open Meetings Law: A Critical Evaluation, 41 Albany L Rev 329, 353-354.)
Judicial relief is warranted only upon a showing of good cause. (§ 102, subd 1.) Since appellants have failed to meet this burden, their petition was properly dismissed.
Judges Jasen, Gabrielli, Jones, Wachtler and Cooke concur in a memorandum; Chief Judge Breitel and Judge Fuchsberg taking no part.
Order affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.