Opinion
April 22, 1996
Appeal from the Supreme Court, Rockland County (Miller, J.).
Ordered that the order is reversed, on the law, with costs, and the defendants' motion to dismiss the complaint is granted without prejudice to serving a new complaint upon complying with General Municipal Law § 50-h.
The plaintiff concedes that, pursuant to General Municipal Law § 50-h, a hearing was noticed, that it was adjourned twice, at his request, and that he served a summons and complaint upon the defendants before the hearing was held. The law is well established that a potential plaintiff who has not complied with General Municipal Law § 50-h (1) is precluded from commencing an action against a municipality ( see, General Municipal Law § 50-h; Baumblatt v. Battalia, 134 A.D.2d 226, 228; Alouette Fashions v. Consolidated Edison Co., 119 A.D.2d 481, 485-486, affd 69 N.Y.2d 787). Accordingly, the defendants' motion to dismiss the complaint should have been granted. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.