PANEK v. TOOMEY RESIDENTIAL AND COMMUNITY SERVICE CORP (1999)

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, 633 N.Y.S.2d 274, 657 N.E.2d 269;  Moore v. Anheuser-Busch, 221 A.D.2d 913, 635 N.Y.S.2d 577;  Stanton v. Highland Hosp. of Rochester, 197 A.D.2d 854, 602 N.Y.S.2d 278), 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, 607 N.Y.S.2d 755).

Order unanimously affirmed without costs.

MEMORANDUM: