PUKA v. GRECO

Judgment affirmed, without costs or disbursements.

Under the circumstances of this case, it is clear that a violation of the "Open Meetings Law" (Public Officers Law, § 95 et seq.) did occur as a matter of law (see Matter of Orange County Pub. v Council of City of Newburgh, 60 A.D.2d 409, aff'd 45 N.Y.2d 947).

However, we affirm the judgment since petitioner failed to make the required showing of good cause, which would entitle him to the discretionary remedy of invalidation (see Matter of New York Univ. v Whalen, 46 N.Y.2d 734; Matter of Concerned Citizens to Review Jefferson Val. Mall v Town Bd., 83 A.D.2d 612). Brown, J.P., Rubin, Boyers and Lawrence, JJ., concur.