Panek v. Toomey Residential & Community Service Corp.

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s motion to dismiss the complaint for failure to state a cause of action (see, CPLR 3211 [a] [7]). Contrary to plaintiff’s contention, the employee personnel manual does not limit or restrict defendant’s right to terminate plaintiff’s at-will employment (see, Matter of De Petris v Union Settlement Assn., 86 NY2d 406, 410; Moore v Anheuser-Busch, 221 AD2d 913; Stanton v Highland Hosp., 197 AD2d 854), nor was such right affected by plaintiff’s execution of the employee warning notice, which provided…