Cohen v Hunter Coll.
2011 NY Slip Op 00040 [80 AD3d 452]
January 6, 2011
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 9, 2011


Henry Donald Cohen, Appellant,
v
Hunter College et al., Respondents.

—[*1] Robert B. Davis, New York, for appellant. Andrew M. Cuomo, Attorney General, New York (Patrick J. Walsh of counsel), for respondents.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered November 6, 2009, which, in an action alleging unlawful termination in violation of Labor Law § 740, granted defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (7), unanimously affirmed, without costs.

The motion court correctly determined that plaintiff failed to plead that defendants violated a "law, rule or regulation" (Labor Law § 740 [2] [a]; see Bordell v General Elec. Co., 88 NY2d 869 [1996]; Connolly v Macklowe Real Estate Co., 161 AD2d 520 [1990]). Defendants' internal policies concerning workplace violence and emergency withdrawal of students are not rules or regulations promulgated to enforce a law.

We have considered plaintiff's remaining contentions and find them unavailing. Concur—Andrias, J.P., Friedman, McGuire and Abdus-Salaam, JJ.