Colyar v Quartaroni

[*1] Colyar v Quartaroni 2007 NY Slip Op 50391(U) [14 Misc 3d 144(A)] Decided on March 2, 2007 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 2, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., TANENBAUM and LaCAVA, JJ
2006-751 D C.

James E. Colyar, Appellant,

against

A.M. Quartaroni and Delos Luther II, Respondents.

Appeal from a judgment of the City Court of Beacon, Dutchess County (Timothy G. Pagones, J.), entered September 27, 2005. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

Plaintiff, who had been a "spare bus driver" for the Beacon City School District, brought the instant small claims action to recover "summer wages" and back pay, claiming that he had been improperly disqualified after undergoing a mandatory annual physical examination which is required of all school bus drivers (see 15 NYCRR 6.10).
After a nonjury trial, the City Court determined that the evidence did not show that plaintiff had been wrongfully terminated from employment, and that he had not established a prima facie case of liability and damages. This appeal ensued.

Upon a review of the record, we agree with the determination of the court below that plaintiff failed to set forth a prima facie case. Accordingly, the dismissal of the action rendered substantial justice between the parties according to the rules and principles of substantive law (UCCA 1804, 1807).

Rudolph, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: March 2, 2007