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Panek v. Toomey Res. Community Serv

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 18, 1999
262 A.D.2d 1054 (N.Y. App. Div. 1999)

Opinion

June 18, 1999

Appeal from Order of Supreme Court, Onondaga County, Nicholson, J. — Dismiss Pleading.

PRESENT: PINE, J. P., PIGOTT, JR., HURLBUTT AND SCUDDER, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant's motion to dismiss the complaint for failure to state a cause of action (see, CPLR 3211 [a] [7]). Contrary to plaintiff's contention, the employee personnel manual does not limit or restrict defendant's right to terminate plaintiff's at-will employment (see, Matter of De Petris v. Union Settlement Assn., 86 N.Y.2d 406, 410; Moore v. Anheuser-Busch, 221 A.D.2d 913; Stanton v. Highland Hosp. of Rochester, 197 A.D.2d 854), nor was such right affected by plaintiff's execution of the employee warning notice, which provided that plaintiff could be terminated if her conduct persisted (cf., McDowell v. Dart, 201 A.D.2d 895).


Summaries of

Panek v. Toomey Res. Community Serv

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 18, 1999
262 A.D.2d 1054 (N.Y. App. Div. 1999)
Case details for

Panek v. Toomey Res. Community Serv

Case Details

Full title:SANDRA PANEK, PLAINTIFF-APPELLANT, v. TOOMEY RESIDENTIAL AND COMMUNITY…

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

Date published: Jun 18, 1999

Citations

262 A.D.2d 1054 (N.Y. App. Div. 1999)
692 N.Y.S.2d 278