Opinion
November 10, 1986
Appeal from the Supreme Court, Erie County, Broughton, J.
Present — Denman, J.P., Boomer, Green, Pine and Balio, JJ.
Order insofar as appealed from unanimously reversed on the law without costs and motion granted. Memorandum: Special Term erred in denying defendant's motion for summary judgment dismissing plaintiff's first cause of action. The personnel manual in this case cannot be interpreted to limit defendant's power to terminate an at-will employee in light of the language of the manual that it is not a contract, that it may be modified, amended or supplemented, and that the hospital retains the right to make all necessary management decisions for the delivery of patient care services and the selection, direction, compensation and retention of employees (see, Collins v Hoselton Datsun, 120 A.D.2d 952; cf. Weiner v McGraw-Hill, Inc., 57 N.Y.2d 458; Tiranno v Sears, Roebuck Co., 99 A.D.2d 675).