Bailey v. New York City Health and Hospitals

Full title: DORIS BAILEY, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORP.…

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

Date published: Mar 22, 1993

191 A.D.2d 606 (N.Y. App. Div. 1993)

595 N.Y.S.2d 247

Opinion

March 22, 1993

Appeal from the Supreme Court, Queens County (Smith, J.).

Ordered that the order is affirmed, with costs.

The plaintiff's first two requests to reschedule an examination pursuant to General Municipal Law § 50-h were granted by the defendant; her third request was denied. Since the plaintiff took no action to reschedule the examination in the nearly two years and three months after the denial, the court did not improvidently exercise its discretion in dismissing the complaint pursuant to General Municipal Law § 50-h (see, Best v. City of New York, 97 A.D.2d 389, affd 61 N.Y.2d 847). Bracken, J.P., Lawrence, Miller, Copertino and Santucci, JJ., concur.