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Scalzo v. County of Suffolk

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 2003
760 N.Y.S.2d 879 (N.Y. App. Div. 2003)

Opinion

2002-08003

Argued May 19, 2003.

June 16, 2003.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated July 22, 2002, which 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 based on his failure to comply with General Municipal Law § 50-h.

Randall M. Cutler, New York, N.Y., for appellant.

Robert J. Cimino, County Attorney, Hauppauge, N.Y. (Edward H. McCarthy of counsel), for respondents.

Before: NANCY E. SMITH, J.P., SONDRA MILLER, STEPHEN G. CRANE, BARRY A. COZIER, JJ.


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.


Summaries of

Scalzo v. County of Suffolk

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 2003
760 N.Y.S.2d 879 (N.Y. App. Div. 2003)
Case details for

Scalzo v. County of Suffolk

Case Details

Full title:FRANK SCALZO, JR., appellant, v. COUNTY OF SUFFOLK, ET AL., respondents…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 16, 2003

Citations

760 N.Y.S.2d 879 (N.Y. App. Div. 2003)
760 N.Y.S.2d 879

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