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SAUNDERS v. NEW YORK CITY TRANSIT AUTHORITY

3 A.D.3d 312 (2004)

769 N.Y.S.2d 878

VERONICA SAUNDERS, Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

January 6, 2004.

Inasmuch as New York City Transit Authority (NYCTA) has failed to produce any proof that it served plaintiff with a notice for a hearing pursuant to General Municipal Law § 50-h, the IAS court erred in directing plaintiff to appear for such a hearing (see Kelly v New York City Hous. Auth., 248 A.D.2d 594, 595 [1998]). Even if such notice were properly served upon plaintiff, by failing to raise plaintiff's failure to appear at...

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