AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

FRANK SCALZO, JR., appellant, v. COUNTY OF SUFFOLK, ET AL., respondents, ET AL., defendants.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

A party who has failed to comply with a demand for examination served pursuant to General Municipal Law § 50-h(2) is precluded from commencing an action against a municipality (see General Municipal Law § 50-h; Heins v. Board of Trustees of Inc. Vil. of Greenport, 237 A.D.2d 570; Arcila v. Incorporated Vil. of Freeport, 231 A.D.2d 660, 661; Bailey v. New York City Health Hosps. Corp., 191 A.D.2d 606; cf. Matter of Johnson v. City of Yonkers, 262 A.D.2d 563) . Here, the Supreme Court properly granted the motion of the defendants County of Suffolk and Sheriff of the County of Suffolk to dismiss the complaint insofar as asserted against them since a General Municipal Law § 50-h hearing was adjourned at the plaintiff's request, and the plaintiff commenced this action without rescheduling a new hearing date after the last adjournment (see Arcila v. Incorporated Vil. of Freeport, supra; Bailey v. New York City Health Hosps. Corp., supra).

The plaintiff's remaining contention is without merit.

SMITH, J.P., S. MILLER, CRANE and COZIER, JJ., concur.

Use AI to get other relevant cases.

Comments

SCALZO v. COUNTY OF SUFFOLK
(Jun 16, 2003)