A New York appellate court has ruled against residents Russell and Joanne McRory in their lawsuit against the Incorporated Village of Muttontown, affirming that the village officials did not violate the Open Meetings Law. The decision, made on June 10, 2026, affects how local governments conduct meetings and handle public business.
The case, McRory v. Incorporated Village of Muttontown (Docket No. 2023-01448), centers on allegations that the village's Board of Trustees held secret meetings to discuss a lease with New Cingular Wireless PCS, LLC, for the installation of a wireless facility on village-owned land. The court's ruling highlights the importance of transparency in local governance and the legal time limits for challenging such decisions.
Background
The plaintiffs, Russell and Joanne McRory, are residents of Muttontown. They filed their lawsuit in April 2022, claiming that the village's Board of Trustees violated the Open Meetings Law when they adopted three resolutions related to the lease with New Cingular. These resolutions were passed at public meetings in 2020, but the McRorys alleged that prior to these votes, the Board held private meetings where they discussed competing proposals and effectively approved the lease.
The dispute escalated after the Board adopted Resolution 20-27 in February 2020, which authorized negotiations with New Cingular, followed by two additional resolutions in July and December of the same year that finalized the lease agreement. The McRorys argued that these actions were taken without proper public oversight, violating their rights as residents to be informed about local government decisions.
The case reached the Appellate Division of the Supreme Court of the State of New York after the Supreme Court in Nassau County granted summary judgment in favor of the defendants in January 2023. The lower court found that the McRorys' claims were time-barred, meaning they filed their lawsuit after the legal deadline to challenge the Board's actions.
The Ruling
The appellate court upheld the lower court's decision, affirming that the McRorys' claims regarding the Open Meetings Law were indeed untimely. The court stated, "The defendants established, prima facie, that the cause of action alleging violations of the Open Meetings Law was untimely." The judges involved in the ruling included Lara J. Genovesi, William G. Ford, Lourdes M. Ventura, and Susan Quirk.
The court emphasized that the plaintiffs failed to provide sufficient evidence to support their claims that the Board held secret meetings where official actions were taken. The judges noted that the plaintiffs relied on hearsay and conjecture rather than concrete evidence, stating that the plaintiffs "failed to identify any specific executive session at which any official actions were taken or during which the lease was actually approved."
Impact
This ruling reinforces the legal standards surrounding the Open Meetings Law in New York, particularly regarding the time limits for challenging government actions. It highlights the importance of proper documentation and evidence when alleging violations of public meeting regulations. The court's decision may deter similar lawsuits in the future, as it emphasizes the need for plaintiffs to act promptly and substantiate their claims with credible evidence.
The outcome also underscores the responsibilities of local government officials to conduct business transparently while adhering to legal protocols. As municipalities navigate the complexities of public business, this case serves as a reminder of the legal frameworks designed to protect public access to government proceedings.
What's Next
Details were not available in the court filing regarding whether the McRorys plan to appeal the decision. The case may set a precedent for future disputes involving the Open Meetings Law in New York, particularly concerning the timing of legal challenges and the burden of proof required to substantiate claims against public bodies.











