Gardner v. Continuing Developmental Services, Inc.

Appellate Division of the Supreme Court of New York

Gardner v. Continuing Developmental Services, Inc.

292 A.D.2d 838, 739 N.Y.S.2d 302, 2002 N.Y. App. Div. LEXIS 2668

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 2002

StatusPublished

Cited by1 cases

This text of 292 A.D.2d 838 (Gardner v. Continuing Developmental Services, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gardner v. Continuing Developmental Services, Inc., 292 A.D.2d 838, 739 N.Y.S.2d 302, 2002 N.Y. App. Div. LEXIS 2668 (N.Y. Ct. App. 2002).

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Opinion

Appeal from an order of Supreme Court, Monroe County (Frazee, J.), entered July 25, 2001, which granted defendant’s motion to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action alleging that defendant violated Labor Law § 740 by terminating her employment in retaliation for her disclosure of neglect and abuse of developmentally disabled residents by other staff members at an intermediate care facility operated by defendant. Supreme Court properly granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action. “Under any reasonable reading of the statute and under any view of the facts of this case, [839]*839defendant’s alleged violations of law, if any, did not create and present a substantial and specific danger to the public health and safety” (Kern v DePaul Mental Health Servs., 152 AD2d 957, 957, lv denied 74 NY2d 615; see, Green v Saratoga A.R.C., 233 AD2d 821, 822-823; Easterson v Long Is. Jewish Med. Ctr., 156 AD2d 636, 637, lv denied 76 NY2d 704, rearg denied 76 NY2d 889). Plaintiff’s challenge to the constitutionality of Labor Law § 740, raised for the first time on appeal, is not properly before us (see, Roberts v Gross, 100 AD2d 540, 541). Present—Green, J.P., Hayes, Hurlbutt, Kehoe and Burns, JJ.

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Appeal from an order of Supreme Court, Monroe County (Frazee, J.), entered July 25, 2001, which granted defendant’s motion to dismiss the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action alleging that defendant violated Labor Law § 740 by terminating her employment in retaliation for her disclosure of neglect and abuse of developmentally disabled residents by other staff members at an intermediate care facility operated by defendant. Supreme Court properly granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action. “Under any reasonable reading of the statute and under any view of the facts of this case, [839]*839defendant’s alleged violations of law, if any, did not create and present a substantial and specific danger to the public health and safety” (Kern v DePaul Mental Health Servs., 152 AD2d 957, 957, lv denied 74 NY2d 615; see, Green v Saratoga A.R.C., 233 AD2d 821, 822-823; Easterson v Long Is. Jewish Med. Ctr., 156 AD2d 636, 637, lv denied 76 NY2d 704, rearg denied 76 NY2d 889). Plaintiff’s challenge to the constitutionality of Labor Law § 740, raised for the first time on appeal, is not properly before us (see, Roberts v Gross, 100 AD2d 540, 541). Present—Green, J.P., Hayes, Hurlbutt, Kehoe and Burns, JJ.

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292 A.D.2d 838, 739 N.Y.S.2d 302, 2002 N.Y. App. Div. LEXIS 2668, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-continuing-developmental-services-inc-nyappdiv-2002.

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