Informal Opinion No.

Benjamin Greshin, Esq. Village Attorney, Head-of-the-Harbor

You have asked whether a quorum of a village's board of trustees must be present at a public hearing regarding a proposed local law.

While case law is sparse on this question, it has been held that quorum requirements apply to public hearings in relation to applications for special use permits and variances (Del Vecchio v Lalla, ___ A.D.2d ___ [3d Dept], 523 N.Y.S.2d 654 [1988]; Matter of Giuliano v Entress, 4 Misc.2d 546 [Sup Ct, Spec Term, Monroe Co, 1957]). We see no reason why a different rule should apply to a hearing on a…