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MATTER OF DE PETRIS v. UNION SETTLEMENT ASS'N, INC.

209 A.D.2d 180 (1994)

618 N.Y.S.2d 276

In the Matter of Pasquale De Petris, Appellant-Respondent, v. Union Settlement Association, Inc., Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 3, 1994

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...

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