Humphrey v. Posluszny

Doerr, J. P., and Lawton, J. (dissenting).

We agree with Supreme Court, adding only that the proceeding should have been converted to a declaratory judgment action and a declaration made that the meeting conducted by respondents fell within the exemption contained in Public Officers Law § 108 (2) (b). (Appeal from Judgment of Supreme Court, Erie County, McGowan, J. — Article 78.) Present — Doerr, J. P., Green, Pine, Lawton and Davis, JJ. [See, 148 Mise 2d 848.]