Order unanimously affirmed without costs.
Memorandum:
Supreme Court properly dismissed the complaint because Michael B. Donohue (plaintiff) failed to comply with General Municipal Law § 50-h. That section permits the commencement of an action if the plaintiff is not examined within 90 days of service of a demand for oral examination. The action may not be commenced, however, if the plaintiff fails to appear at the examination or requests an adjournment...
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