ZAPATA v. COUNTY OF SUFFOLK


23 A.D.3d 553 (2005)

806 N.Y.S.2d 597

DANIEL ZAPATA, Respondent, v. COUNTY OF SUFFOLK et al., Appellants.

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

November 21, 2005.


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint dismissed.

The plaintiff did not appear for his scheduled General Municipal Law § 50-h hearing because he was incarcerated at a correctional facility upstate. In response to the plaintiff's inquiry, the County of Suffolk advised him that he was responsible for taking the necessary steps to arrange for his attendance at the municipal hearing in accordance with...

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