Opinion
September 21, 1998
Appeal from the Supreme Court, Suffolk County (Cohalan, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff alleged that she was constructively discharged from her employment as a result of the hostile work environment created by her supervisor in retaliation for her refusal to violate various Federal regulations.
The first cause of action sounding in intentional infliction of emotional distress is governed by a one-year Statute of Limitations and was properly dismissed as time-barred ( see, CPLR 215; Hansen v. Petrone, 124 A.D.2d 782).
The second cause of action was also properly dismissed since the plaintiff failed to allege that she was constructively discharged from her employment on the basis of any unlawful discriminatory practice pursuant to Executive Law § 296 Exec. (1) (a). To the extent the second cause of action was based on a claim for wrongful discharge, it was properly dismissed because New York does not recognize such a tort ( see, Matter De Petris v. Union Settlement Assn., 86 N.Y.2d 406, 410; Murphy v. American Home Prods. Corp., 58 N.Y.2d 293, 297).
Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.