Opn. No.

Hon. Howard J. Goodrow Supervisor, Town of Waverly

You request our opinion whether a resolution passed at a special town board meeting is effective. The meeting was called by the supervisor, notice of the meeting was given orally (by telephone) to each town board member three days before the meeting, each member of the town board attended the meeting and participated therein; one of the town board members voted against the resolution and the other town board members voted for it.

Town Law § 62 deals with town board meetings. Subdivision 2 provides in part:

"The supervisor of any town may, and…