Gravius v. County of Erie

Appeal from an order of the Supreme Court, Erie County (Shirley Troutman, J.), entered February 9, 2010. The order granted the motion of defendant to dismiss the complaint and dismissed the complaint.

It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: Supreme Court properly granted defendant’s motion to dismiss the complaint based on the failure of plaintiff to comply with defendant’s demand for an oral examination pursuant to General Municipal Law § 50-h. “It is well settled that a plaintiff who has not complied with General Municipal Law § 50-h (1) is…