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Matter of Orange Cty. Pub. v. Cty. of Orange

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1986
120 A.D.2d 596 (N.Y. App. Div. 1986)

Opinion

May 12, 1986

Appeal from the Supreme Court, Orange County (Jiudice, J.).


Judgment reversed, on the law, with costs, petition granted to the extent that the respondents are determined to be in contempt, the respondents are fined $250, the petitioner is awarded attorneys' fees, and it is declared that the meeting held on December 6, 1984 by the Legislature of the County of Orange was a meeting within the meaning of the Open Meetings Law (Public Officers Law § 105), and matter remitted to Supreme Court, Orange County, for determination of the appropriate amount of counsel fees and entry of a judgment accordingly.

The respondents did not comply with the Open Meetings Law (see, Public Officers Law § 105). Their contentions that the executive session was called to discuss proposed, pending or current litigation (see, Public Officers Law § 105 [d]), and the financial or credit history of a particular person (see, Public Officers Law § 105 [h]), are no more than thinly veiled references to the areas delineated under section 105 (see, Weatherwax v Town of Stony Point, 97 A.D.2d 840, 841; see also, Matter of Jefferson Val. Mall [Concerned Citizens to Review] v Town Bd., 83 A.D.2d 612, 613; Daily Gazette Co. v Town Bd., 111 Misc.2d 303, 304-305; Devitt v Heimbach, 109 Misc.2d 463, 465-466, mod on other grounds 89 A.D.2d 920, affd 58 N.Y.2d 925). Inasmuch as the respondents have been directed to comply with the Open Meetings Law by court orders, we find the respondents, in their persistent dereliction of the mandates of the statute, to be in contempt of court. Counsel fees are awarded pursuant to Public Officers Law § 107 (2). Lawrence, J.P., Eiber, Kunzeman and Kooper, JJ., concur.


Summaries of

Matter of Orange Cty. Pub. v. Cty. of Orange

Appellate Division of the Supreme Court of New York, Second Department
May 12, 1986
120 A.D.2d 596 (N.Y. App. Div. 1986)
Case details for

Matter of Orange Cty. Pub. v. Cty. of Orange

Case Details

Full title:In the Matter of ORANGE COUNTY PUBLICATIONS, DIVISION OF OTTAWAY…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 12, 1986

Citations

120 A.D.2d 596 (N.Y. App. Div. 1986)

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