Ordered that the order is reversed, on the law, with costs, and the defendants' motion to dismiss the complaint is granted without prejudice to serving a new complaint upon complying with General Municipal Law § 50-h.
The plaintiff concedes that, pursuant to General Municipal Law § 50-h, a hearing was noticed, that it was adjourned twice, at his request, and that he served a summons and complaint upon the defendants before the hearing was held. The law is well established that a potential plaintiff who has not complied with General Municipal Law § 50-h (1) is precluded from commencing an action against a municipality ( see, General Municipal Law § 50-h; Baumblatt v. Battalia, 134 A.D.2d 226, 228; Alouette Fashions v. Consolidated Edison Co., 119 A.D.2d 481, 485-486, affd 69 N.Y.2d 787). Accordingly, the defendants' motion to dismiss the complaint should have been granted. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.