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Can a municipality refuse to do a 50-H hearing because there are only 2 weeks left in the Statute of Limitations?

| Oct 24, 2016 | Uncategorized

Q: I have a false arrest case. The case was dismissed 10/31/14. I filed a notice of claim. The city asked for a 50-H hearing for early January 2015. I called the attorney in December 2014 and told him I would reschedule. This past Friday October 16, 2015. I asked him could I have the hearing for any date between now and October 30, 2015 and he said he was too busy and would file a motion to dismiss for failure to attend a 50-H hearing. Can he do that?

A: David’s Answer: They can do so, and you can oppose, stating you offered to re-schedule but that attorney stated he was too busy. You should write a letter to that attorney confirming said conversation. Call a NYC Civil Rights attorney to schedule a consult for more info. David Bliven, Bronx Civil Rights Attorney (www.blivenlaw.net)

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