MAHONEY v. OLEAN GENERAL HOSPITAL (2000)

 Plaintiff commenced this action pursuant to Labor Law article 6 to recover vacation and holiday pay accrued at the time of her termination by defendant.   Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint.   Defendant met its initial burden by presenting proof that plaintiff forfeited her vacation and holiday pay pursuant to defendant's policies because she was discharged for falsification of patient records (see, Matter of Glenville Gage Co. v. Industrial Bd. of Appeals, 70 A.D.2d 283, 285-286, 421 N.Y.S.2d 408, affd. 52 N.Y.2d 777, 436 N.Y.S.2d 621, 417 N.E.2d 1009;  see also, Matter of Ross v. Specialty Insulation Mfg. Co., 71 A.D.2d 766, 419 N.Y.S.2d 311).   Plaintiff, however, raised a triable issue of fact by presenting proof that she altered the patient records to correct rather than falsify them (see, Felsen v. Sol Cafe Mfg. Corp., 24 N.Y.2d 682, 685-686, 301 N.Y.S.2d 610, 249 N.E.2d 459, rearg. denied 25 N.Y.2d 896, 304 N.Y.S.2d 1031, 251 N.E.2d 152).   We therefore reverse the judgment, deny defendant's motion and reinstate the complaint.

Judgment unanimously reversed on the law without costs, motion denied and complaint reinstated.

MEMORANDUM: