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New York Consolidated Laws

N.Y. General Construction Law § 41 (2026)

Quorum and majority

✓ current as of May 2026
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§ 41. Quorum and majority. Whenever three or more public officers are
given any power or authority, or three or more persons are charged with
any public duty to be performed or exercised by them jointly or as a
board or similar body, a majority of the whole number of such persons or
officers, gathered together in the presence of each other or through the
use of videoconferencing, at a meeting duly held at a time fixed by law,
or by any by-law duly adopted by such board or body, or at any duly
adjourned meeting of such meeting, or at any meeting duly held upon
reasonable notice to all of them, shall constitute a quorum and not less
than a majority of the whole number may perform and exercise such power,
authority or duty. For the purpose of this provision the words "whole
number" shall be construed to mean the total number which the board,
commission, body or other group of persons or officers would have were
there no vacancies and were none of the persons or officers disqualified
from acting.
Notes of Decisions
Cited in 39 cases (7 in the last 5 years), 1985–2025 · leading case: Montano v. Cnty. Legislature of Suffolk, 70 A.D.3d 203 (N.Y. App. Div. 2009).
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Montano v. Cnty. Legislature of Suffolk, 70 A.D.3d 203 (N.Y. App. Div. 2009). · cites it 5× “Specifically, the petitioner claims that the actions complained of, that is, the manner in which the Resolution was reported out of the Committee, violated County Law § 153 (8) and General Construction Law § 41. County Law § 153 (8) provides, in pertinent part: “Except as…”
Tall Trees Constr. Corp. v. Zoning Bd. of Appeals, 761 N.E.2d 565 (NY 2001). · cites it 4× “General Construction Law § 41 and Town Law § 267-a govern the procedures of a Town Zoning Board of Appeals.”
Matter of Wolkoff v. Chassin, 675 N.E.2d 447 (NY 1996). · cites it 6× “Respondent contends that because Public Health Law § 230-c contains no express requirement that all five members of the ARB, or at least one lay member, consider each case, whether a sufficient number of ARB members were present for valid ac *254 tion is governed by the quorum…”
Town of Eastchester v. New York State Bd. of Real Prop. Servs., 23 A.D.3d 484 (N.Y. App. Div. 2005). · cites it 4× “RPTL 1208 provides, inter alia, that the State Board, or a duly-authorized representative, shall meet to hear complaints in relation to equalization rates.”
Roosevelt Islanders for Responsible Southtown Dev. v. Roosevelt Island Operating Corp., 291 A.D.2d 40 (N.Y. App. Div. 2001). “RIRSD, in arguing that the Board’s determination was invalid because a quorum of Board members was not present, and that a majority of the Board did not approve the resolution, relies on General Construction Law § 41, which states, in pertinent part: “Whenever * * * three or…”
CS Integrated, LLC v. Tax Appeals Tribunal, 19 A.D.3d 886 (N.Y. App. Div. 2005). “” Also, General Construction Law § 41 provides that whenever three or more public officers are given any power or authority, or charged with any duty to be performed jointly as a board, a majority shall constitute a quorum for the purposes of performing or exercising such power,…”
Perryman v. Vill. of Saranac Lake, 64 A.D.3d 830 (N.Y. App. Div. 2009). “of Monroe, 131 AD2d 757, 758 [1987]; see also General Construction Law § 41). We are unpersuaded by petitioner’s contention that the October 4, 2006 motion to approve the resolution purporting to appoint Hite as Hearing Officer was invalid for failing to garner a three-vote…”
City of White Plains v. New York State Bd. of Real Prop. Servs., 18 A.D.3d 549 (N.Y. App. Div. 2005). · cites it 2× “When a municipality files an administrative complaint challenging the Board’s determination of a tentative state equalization rate, the Board may not delegate the authority to review that determination, but must meet as a body and review it as a body (see RPTL 202 [2] [a]; 9…”
Matter of Carlson v. Tax Appeals Trib. of the State of N.Y., 2023 NY Slip Op 01328 (N.Y. App. Div. 2023). “" Additionally, "General Construction Law § 41 provides that whenever three or more public officers are given any power or authority, or charged with any duty to be performed jointly as a board, a majority shall constitute a quorum for the purposes of performing or exercising…”
Aloya v. Plan. Bd. of Stony Point, 712 N.E.2d 644 (NY 1999). · cites it 2× “Typically, such Board “action” would be governed by General Construction Law § 41, which provides: “[w]henever three or more public officers are given any power or authority, or * * * are charged with *340 any public duty to be performed or exercised by them jointly or as a…”
Petersen v. Inc. Vill. of Saltaire, 77 A.D.3d 954 (N.Y. App. Div. 2010). “At the same time, General Construction Law § 41 was amended to define a quorum in terms of a majority of a board “gathered together in the presence of each other or through the use of videoconferencing” (L 2000, ch 289, § 5).”
Marone v. Nassau Cnty., 39 Misc. 3d 1034 (N.Y. Sup. Ct. 2013). · cites it 2× “Additionally, they argue General Construction Law § 41, which allows a four-member quorum of a seven-member body to *1046 exercise the full power of the body, relieves them of their duty to fill this seven-member board.”
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