Rockland Woods, Inc. v. Incorporated Village of Suffern

This case comes to us on an agreed statement of facts pursuant to CPLR 3222. The question presented is whether, under the facts of this case, the abstention from voting by a village trustee on a resolution before the village Board of Trustees should be counted as an affirmative vote.

The Board of Trustees of the defendant village, when fully constituted, consists of five members, the Mayor of the village and four trustees. At the time of the vote in question, however, there was a vacancy in a trusteeship and only four members were available to vote on the resolution, a proposed change in the…