Donohue v. County of Erie

Order unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint because Michael B. Donohue (plaintiff) failed to comply with General Municipal Law § 50-h. That section permits the commencement of an action if the plaintiff is not examined within 90 days of service of a demand for oral examination. The action may not be commenced, however, if the plaintiff* fails to appear at the examination or requests an adjournment or postponement beyond the 90-day period (General Municipal Law § 50-h [5]).

Plaintiff failed to comply with defendant County’s demand *1084for…