King v New York City Health & Hosps. Corp.

2011 NY Slip Op 05418 [85 AD3d 631]

June 23, 2011

Appellate Division, First Department

As corrected through Wednesday, August 10, 2011

Eldene C. King, Appellant, v New York City Health andHospitals Corporation, Respondent.

—[*1]Noah A. Kinigstein, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Fay Ng of counsel), forrespondent.

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered on or about May 3,2010, which granted defendant's motion for summary judgment dismissing the amendedcomplaint, unanimously affirmed, without costs.

Plaintiff's failure to cite "any law, rule, regulation or declaratory ruling adopted pursuant tolaw" (Labor Law § 741 [1] [d]), which she, "in good faith, reasonably believe[d]" (LaborLaw § 741 [2] [a]) to have been violated, is fatal to her cause of action alleging retaliation(see Deshpande v Medisys HealthNetwork, Inc., 70 AD3d 760, 762 [2010], lv denied 14 NY3d 713 [2010]; see also Pipia v Nassau County, 34AD3d 664, 666 [2006]).

We have considered plaintiff's remaining arguments and find them unavailing.Concur—Tom, J.P., Friedman, Acosta, Renwick and DeGrasse, JJ.