King v New York City Health & Hosps. Corp.

King v New York City Health & Hosps. Corp. 2011 NY Slip Op 05418 Decided on June 23, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 23, 2011
Tom, J.P., Friedman, Acosta, Renwick, DeGrasse, JJ.
5403 107231/06

[*1]Eldene C. King, Plaintiff-Appellant,

v

New York City Health and Hospitals Corporation, Defendant-Respondent.



 
Noah A. Kinigstein, New York, for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Fay Ng
of counsel), for respondent.

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered on or about May 3, 2010, which granted defendant's motion for summary judgment dismissing the amended complaint, unanimously affirmed, without costs.

Plaintiff's failure to cite "any law, rule, regulation or declaratory ruling adopted pursuant to law" (Labor Law § 741[1][d]), which she, "in good faith, reasonably believe[d]" (Labor Law § 741[2][a]) to have been violated, is fatal to her cause of action alleging retaliation (see Deshpande v Medisys Health Network, Inc., 70 AD3d 760, 762 [2010], lv denied 14 NY3d 713 [2010]; see also Pipia v Nassau County, 34 AD3d 664, 666 [2006]).

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 23, 2011

CLERK