Mitchell v. County of Dutchess

This is a special proceeding brought under article 4 of the CPLR to vacate the demand for examination served pursuant to section 50-h of the General Municipal Law. The demand states that the examination is to be held before an Assistant County Executive of Dutchess County.

Petitioners seek to vacate the demand on the ground that the county official is ineligible under CPLR 3113 (subd. [a]) to conduct the examination. The provisions of the CPLR are not applicable to this examination, which is governed by the provisions of section 50-h of the General Municipal Law. Such an examination is…