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Longariello v. City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1994
203 A.D.2d 335 (N.Y. App. Div. 1994)

Opinion

April 11, 1994

Appeal from the Supreme Court, Westchester County (Donovan, J.).


Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly determined that as a regular substitute teacher, the plaintiff had no contractual or legal rights to employment with the defendant and that he failed to state a cause of action for abusive or wrongful discharge (see, Sabetay v Sterling Drug, 69 N.Y.2d 329; O'Connor v Eastman Kodak Co., 65 N.Y.2d 724; Murphy v American Home Prods. Corp., 58 N.Y.2d 293, 297-301; see also, Labor Law § 740; Givens, Practice Commentaries, McKinney's Cons Laws of NY, Book 30, Labor Law § 740, at 545). In addition, we find that the plaintiff failed to state a cause of action under any other statute set forth in his complaint or in his amended notice of claim (see, General Municipal Law § 682, [4]; §§ 683, 684; Matter of Van Heusen v Board of Educ., 26 A.D.2d 721, 722; Matter of Pinto v Wynstra, 22 A.D.2d 914; Nassau Ch. v Board of Educ., 63 Misc.2d 49; see also, Labor Law §§ 210, 219, 704). Thus, the Supreme Court properly dismissed the complaint. Balletta, J.P., Rosenblatt, Ritter and Altman, JJ., concur.


Summaries of

Longariello v. City of Yonkers

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1994
203 A.D.2d 335 (N.Y. App. Div. 1994)
Case details for

Longariello v. City of Yonkers

Case Details

Full title:STEVE J. LONGARIELLO, Appellant, v. CITY OF YONKERS, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 11, 1994

Citations

203 A.D.2d 335 (N.Y. App. Div. 1994)
612 N.Y.S.2d 919

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