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

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…