Plaintiff's preliminary appeal statement filed with New York State's Court of Appeals seeking "leave to appeal" judicial decisions handed down in Sander v Westchester Reform Temple [Defendants] (228 AD3d 688) asks whether the content of a blog posted outside of work is within the ambit of a protected recreational activity within the meaning of §201-d(2)(c)* of New York State's Labor Law .
Supreme Court had granted the Defendants' motion to dismiss the Petitioner's complaint and the Appellate Division affirmed the lower court's decision.
In the words of the Appellate Division:
Even assuming, without deciding, that blogging is a protected recreational activity under Labor Law §201-d, the complaint alleges that the plaintiff was discharged, not for the activity of blogging, but for the content of the blog post. Thus, we agree with the Supreme Court that the plaintiff was not discharged due to a protected recreational activity within the scope of Labor Law §201-d(2)(c) (see id.; Bilquin v Roman Catholic Church, Diocese of Rockville Ctr., 286 AD2d 409). Accordingly, the Supreme Court properly granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint.
Plaintiff then sought leave to appeal the Appellate Division's determination, which leave to appeal was granted by the Court of Appeals.
* §201-d(2)(c) of New York State's Labor Law provides as follows:
"§201-d. Discrimination against the engagement in certain activities.
"(2) Unless otherwise provided by law, it shall be unlawful for any employer or employment agency to refuse to hire, employ or license, or to discharge from employment or otherwise discriminate against an individual in compensation, promotion or terms, conditions or privileges of employment because of:
"(c) an individual's legal recreational activities, including cannabis in accordance with state law, outside work hours, off of the employer's premises and without use of the employer's equipment or other property;"