Legal Opinion

Martino v. Consolidated Edison Co. of New York, Inc.

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

Decided April 18, 2013Published

1Opinion of the Court

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered February 23, 2012, which granted defendant’s motion to dismiss the complaint alleging wrongful termination, pursuant to CPLR 3211 (a) (7), unanimously affirmed, without costs.

Defendant Consolidated Edison Company of New York, Inc. terminated plaintiff from his position as a “project specialist” based on a conviction, and a subsequent arrest, for driving while intoxicated, unrelated to his job duties. Elaintiff alleges that his termination violated Correction Law article 23-A (Correction Law §§ 750-755), which prohibits…

2Cases cited2 opinions

  1. Wellbilt Equipment Corp. v. FiremanAppellate Division of the Supreme Court of the State of New York · 2000
  2. Association of Surrogates & Supreme Court Reporters v. State of New York Unified Court SystemAppellate Division of the Supreme Court of the State of New York · 2008

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