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In the Matter of PASQUALE DE PETRIS, Appellant-Respondent, v. UNION SETTLEMENT ASSOCIATION, INC., Respondent-Appellant.

The IAS Court correctly held that an article 78 proceeding is an appropriate vehicle to challenge a not-for-profit corporation's determination to terminate an employee where, as here, it is claimed that the corporation violated its own rules as set forth in an employee manual (Matter of Mitchell v Dowdell, 172 A.D.2d 1032). Nevertheless, "[t]he mere existence of a policy manual or an internal grievance procedure is insufficient to limit an employer's right to terminate an at-will employee" (Porras v. Montefiore Med. Ctr., 185 A.D.2d 784, 786, lv denied 81 N.Y.2d 704) where there is no indication that the manual procedure has been violated.

Concur — Murphy, P.J., Wallach, Kupferman and Asch, JJ.

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MATTER OF PETRIS v. UNION SETTLEMENT ASS'N
(Nov 3, 1994)