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).