The Appellate Division, Second Department in Colon v. Martin, 2019 NY Slip 02312 (March 27, 2019), considered whether plaintiffs failed to comply with General Municipal Law Section 50-h when each of two claimants insisted they would not proceed with a 50-h hearing unless each was permitted to be present while the other testified. The majority ruled that the plaintiffs’ failure to proceed was in noncompliance with the G.M.L. statute warranting dismissal of the Complaint because the statute did not give a claimant the right to sit in on another claimant’s hearing. The Court found it significant that defendants made it clear that they were not waiving the hearing by plaintiffs’ refusal to proceed separately for hearings.