Mahoney v. Olean General Hospital

—Judgment unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Plaintiff commenced this action pursuant to Labor Law article 6 to recover vacation and holiday pay accrued at the time of her termination by defendant. Supreme Court erred in granting defendant’s motion for summary judgment dismissing the complaint. Defendant met its initial burden by presenting proof that plaintiff forfeited her vacation and holiday pay pursuant to defendant’s policies because she was discharged for falsification of patient records (see, Matter of Glenville Gage Co.…