ARTIFICIAL INTELLIGENCE IS NOT USED, IN WHOLE OR IN PART, IN THE SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS PREPARED BY NYPPL

February 15, 2018

A violation of a agency policy or procedure does not constitute an actual violation of law, rule or regulation sufficient to sustain a cause of action within the meaning of §740(2) of the Labor Law

A violation of a agency policy or procedure does not constitute an actual violation of law, rule or regulation sufficient to sustain a cause of action within the meaning of §740(2) of the Labor Law
Young v Madison-Oneida Bd. of Coop. Educ. Servs., 2017 NY Slip Op 08960, Appellate Division, Fourth Department

The Plaintiff in this action was formerly employed by Madison-Oneida Board of Cooperative Educational Services (BOCES) as Assistant Director of Alternative Education. When Plaintiff's term of appointment expired BOCES did not reappoint Plaintiff to the position.

Plaintiff then commenced this action alleging unlawful retaliatory action under Labor Law §740(2), the "whistle-blowers' statute," by BOCES and the individual defendants, who were BOCES employees during the period of Plaintiff's employment there.

Supreme Court granted BOCES' motion for summary judgment, which ruling the Appellate Division affirmed. The Appellate Division explained that to prevail in the Labor Law §740(2) cause of action, Plaintiff had the burden of proving that BOCES retaliated against him because he "disclose[d] or threaten[ed] to disclose to a supervisor or to a public body an activity, policy or practice of [BOCES] that [was] in violation of law, rule or regulation which violation creat[ed] and present[ed] a substantial and specific danger to the public health or safety" or because he "object[ed] to, or refuse[d] to participate in any such activity, policy or practice in violation of a law, rule or regulation."

BOCES, however, established as a matter of law that the conduct on their part that was alleged by Plaintiff did not amount to violation of law, rule or regulation under the statute. Petitioner's complaint of BOCES alleged wrongful conduct, said the court, even had Plaintiff proven such wrongdoing "did not constitute an 'actual violation of law to sustain a cause of action' under Labor Law §740(2).

The Appellate Division opined that "BOCES alleged violations of its internal procedures do not qualify as a law, rule or regulation under the statute."

The decision is posted on the Internet at:

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
Copyright 2009-2024 - Public Employment Law Press. Email: nyppl@nycap.rr.com.