Opinion
November 3, 1994
Appeal from the Supreme Court, New York County (Herman C. Cahn, J.).
The IAS Court correctly held that an article 78 proceeding is an appropriate vehicle to challenge a not-for-profit corporation's determination to terminate an employee where, as here, it is claimed that the corporation violated its own rules as set forth in an employee manual (Matter of Mitchell v Dowdell, 172 A.D.2d 1032). Nevertheless, "[t]he mere existence of a policy manual or an internal grievance procedure is insufficient to limit an employer's right to terminate an at-will employee" (Porras v. Montefiore Med. Ctr., 185 A.D.2d 784, 786, lv denied 81 N.Y.2d 704) where there is no indication that the manual procedure has been violated.
Concur — Murphy, P.J., Wallach, Kupferman and Asch, JJ.