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OCTOBER v. TOWN OF GREENBURGH

55 A.D.3d 704 (2008)

865 N.Y.S.2d 646

DONNA OCTOBER et al., Respondents, v. TOWN OF GREENBURGH, Appellant, and EDWARD OCTOBER, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 14, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

Generally, a plaintiff who has failed to comply with a demand for a hearing served pursuant to General Municipal Law § 50-h (2) is precluded from commencing an action against a municipality (see General Municipal Law § 50-h [5]; Scalzo v County of Suffolk, 306 A.D.2d 397 [2003]; Matter of Pelekanos v City of New York, ...

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