In DeGregorio v. Niagara Falls City School Dist. (281 AD2d 889), the Appellate Division reversed an order of the Supreme Court which directed claimants and their daughter to appear for a section 50-h hearing. The Court noted the statute provided the municipality with a remedy for claimants' noncompliance with the demand--dismissal--and held that in the absence of a pending action, there was no authority for the application to compel (id. at 890).