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New York Consolidated Laws

N.Y. Public Officers Law § 104 (2026)

Public notice

✓ current as of May 2026
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§ 104. Public notice. 1. Public notice of the time and place of a
meeting scheduled at least one week prior thereto shall be given or
electronically transmitted to the news media and shall be conspicuously
posted in one or more designated public locations at least seventy-two
hours before such meeting.
  2. Public notice of the time and place of every other meeting shall be
given or electronically transmitted, to the extent practicable, to the
news media and shall be conspicuously posted in one or more designated
public locations at a reasonable time prior thereto.
  3. The public notice provided for by this section shall not be
construed to require publication as a legal notice.
  4. If videoconferencing is used to conduct a meeting, the public
notice for the meeting shall inform the public that videoconferencing
will be used, identify the locations for the meeting, and state that the
public has the right to attend the meeting at any of the locations.
  5. If a meeting will be streamed live over the internet, the public
notice for the meeting shall inform the public of the internet address
of the website streaming such meeting.
  6. When a public body has the ability to do so, notice of the time and
place of a meeting given in accordance with subdivision one or two of
this section, shall also be conspicuously posted on the public body's
internet website.
Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1985–2025 · leading case: Thorne v. Vill. of Millbrook Plan. Bd., 83 A.D.3d 723 (N.Y. App. Div. 2011).
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Thorne v. Vill. of Millbrook Plan. Bd., 83 A.D.3d 723 (N.Y. App. Div. 2011). · cites it 2× “The petitioners were not aggrieved by any insufficiency in the notice of the meeting of the Planning Board held on November 12, 2008, or inaccessibility of the meeting to those with disabilities (see Public Officers Law §§ 104, 103 [b]; § 107 [1]).”
Stein v. Rent Guidelines Bd., 127 A.D.2d 189 (N.Y. App. Div. 1987). · cites it 2× “The Open Meetings Law requires, inter alia, that a public notice of the time and place of a meeting held by a public body, like the Board (see, Public Officers Law § 102 [2]), to conduct public business (Public Officers Law § 102 [1]) "shall be given to the news media” at least…”
Matter of McCrory v. Vill. of Mamaroneck Bd. of Trs., 2020 NY Slip Op 864 (N.Y. App. Div. 2020). “As particularly relevant to the instant appeal, the Open Meetings Law provides: "Any aggrieved person shall have standing to enforce the provisions of this article against a public body by the commencement of a proceeding pursuant to article seventy-eight of the [CPLR], or an…”
Wilson v. Bd. of Educ. Harborfields Cent. Sch. Dist., 65 A.D.3d 1158 (N.Y. App. Div. 2009). “At a meeting on June 24, 2007, the Board of Education of the Harborfields Central School District (hereinafter the Board) passed a resolution declining to extend the petitioner’s employment contract. The petitioner then commenced this CPLR article 78 proceeding to review the…”
Town of Woodstock v. Goodson-Todman Enter., Ltd., 133 Misc. 2d 12 (N.Y. Sup. Ct. 1986). · cites it 4× “*17 In the CPLR article 78 proceeding, petitioners challenge not only the denial of their respective FOIL requests (see, Public Officers Law §89 [4] [b]), but also challenge the propriety of the February 11, 1986 Board meeting as violative of the Open Meetings Law (Public…”
Matter of Rimkus v. Rogers, 2023 NY Slip Op 05422 (N.Y. App. Div. 2023). “Contrary to petitioner's remaining contention, the court properly declined to issue a declaration that the Board violated the Open Meetings Law ( see Public Officers Law § 104). Inasmuch as "[a]n unintentional failure to fully comply with the notice provisions required by…”
Rampello v. East Irondequoit Cent. Sch. Dist., 236 A.D.2d 797 (N.Y. App. Div. 1997). “The Board failed to provide public notice of the special meeting at a reasonable time prior thereto (Public Officers Law § 104 [2]). We modify the judgment, therefore, by granting judgment in favor of petitioners on the first cause of action declaring that the Board violated the…”
LaLima v. Cnty. of Suffolk, 45 A.D.3d 845 (N.Y. App. Div. 2007). “There is no support in the record for the claim that the meeting was not properly noticed as to time and place, pursuant to Public Officers Law § 104 (1). Contrary to the appellants’ contention, there is no statutory requirement that notice of the agenda of the meeting be given.”
Rivers v. Young, 26 Misc. 3d 946 (N.Y. Sup. Ct. 2009). · cites it 6× “09 oral argument, petitioner asserted that any action taken at any meeting held by the Board after May 12, 2009 1 is null and void, including the December 1st, December 2nd and December 10th meetings, because the Board failed to conspicuously post information regarding its…”
Previdi v. Hirsch, 138 Misc. 2d 436 (N.Y. Sup. Ct. 1988). “Respondents maintain they provided such notice as was required by Public Officers Law § 104 (2). That subdivision applies to meetings that are scheduled less than one week beforehand, as follows: "Public notice of the time and place of every other meeting shall be given, to the…”
Jae v. Bd. of Educ. of Pelham Union Free Sch. Dist., 22 A.D.3d 581 (N.Y. App. Div. 2005). · cites it 2× “Pollack, in her official capacity as the District Clerk of the Pelham Union Free School District, to comply with the requirements of Public Officers Law §§ 104, 105, and 106 (3), and an action for a judgment declaring that the respondents Board of Education of Pelham Union Free…”
Warren v. Giambra, 12 Misc. 3d 650 (N.Y. Sup. Ct. 2006). “) Every meeting of a public body, such as the Erie County Legislature, must be open to the general public, except when an executive session is authorized by law (Public Officers Law § 103 [a]). Notice of such meetings shall be given to the news media and public generally (Public…”
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