Opinion
06-09-2017
Jane DOE, Plaintiff–Respondent, v. ONONDAGA COUNTY, Onondaga County Department of Social Services, Defendants–Appellants, et al., Defendants.
Robert A. Durr, County Attorney, Syracuse (Carol L. Rhinehart of Counsel), for defendants-appellants. Mark D. Goris, Cazenovia, for plaintiff-respondent.
Robert A. Durr, County Attorney, Syracuse (Carol L. Rhinehart of Counsel), for defendants-appellants.
Mark D. Goris, Cazenovia, for plaintiff-respondent.
MEMORANDUM:
Plaintiff commenced this action seeking damages for injuries that she sustained as a result of her placement by defendants-appellants (defendants) in a foster home where she was subjected to sexual abuse. Contrary to defendants' contention, Supreme Court properly denied their motion seeking dismissal of the complaint against them based upon plaintiff's alleged failure to comply with their demand for a hearing pursuant to General Municipal Law § 50–h. " ‘It is well settled that a plaintiff who has not complied with General Municipal Law § 50–h [ (5) ] is precluded from maintaining an action against a [county]’ " (Legal Servs. for the Elderly, Disabled, or Disadvantaged of W. N.Y., Inc. v. County of Erie, 125 A.D.3d 1321, 1322, 3 N.Y.S.3d 497 ; see Gravius v. County of Erie, 85 A.D.3d 1545, 1545, 925 N.Y.S.2d 732, appeal dismissed 17 N.Y.3d 896, 933 N.Y.S.2d 646, 957 N.E.2d 1150 ; Kemp v. County of Suffolk, 61 A.D.3d 937, 938, 878 N.Y.S.2d 135, lv. denied 14 N.Y.3d 703, 898 N.Y.S.2d 98, 925 N.E.2d 103 ). Here, however, plaintiff complied with the statute inasmuch as, after defendants demanded a General Municipal Law § 50–h hearing, she requested and was granted an adjournment of the hearing. Contrary to defendants' contention, it was incumbent upon them to reschedule the adjourned hearing (see § 50–h [5 ]; October v. Town of Greenburgh, 55 A.D.3d 704, 704–705, 865 N.Y.S.2d 646 ; Page v. City of Niagara Falls, 277 A.D.2d 1047, 1048, 716 N.Y.S.2d 173 ; cf. Bernoudy v. County of Westchester, 40 A.D.3d 896, 897, 837 N.Y.S.2d 187 ).
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.
CENTRA, J.P., PERADOTTO, CARNI, NEMOYER, and CURRAN, JJ., concur.