Kern v. DePaul Mental Health Services, Inc.

Order and judgment unanimously affirmed without costs. Memorandum: The court properly dismissed plaintiff’s claim under Labor Law § 740, the "whistleblower statute”, in its entirety. Under any reasonable reading of the statute and under any view of the facts of this case, defendant’s alleged violations of law, if any, did not create and present a substantial and specific danger to the public health and safety (Labor Law § 740 [2]; see, Vella v United Cerebral Palsy, 141 Mise 2d 976, 978; see also, Givens, Practice Commentaries, McKinney’s Cons Laws of NY, Book 30, Labor Law § 740, at…