Informal Opinion No.

Arthur M. Kahn, Esq. Town Attorney, Rochester

You have informed us that your town has a five-member zoning board of appeals and that currently there is one vacancy. You have asked whether the board may legally make decisions with only four members.

Whenever three or more public officers exercise any power, a majority of the whole number of such persons or officers constitutes a quorum and not less than a majority of the whole number may perform and exercise the power (General Construction Law, § 41). Under this provision "whole number" means the total number which the board or other group of…