New York State Supreme Court, Appellate Division, Fourth Judicial Department
Whistleblower
Actual violation of law
Martin v. Niagara Mohawk Power Corporation
CA 22-01418
Appealed from Supreme Court, Onondaga County
Background: The plaintiff is a former employee of the defendant. During his employment, he complained to the NYS Public Service Commission regarding an alleged failure to inspect electrical meters before being energized. Following the investigation, the plaintiff was terminated. He commenced an action under the whistleblowers’ statue. The defendant appealed from an order denying its motion for summary judgment.
Ruling: The Appellate Division reversed and dismissed the complaint. The court noted that the evidence established that the alleged unlawful conduct did amount to an actual violation of the law, rule, or regulation. Letters from the Public Service Commission demonstrate that the defendant did not violate any law or regulation. In opposition, the plaintiff failed to raise a triable issue of fact whether there was an actual violation.
Adam P. Mastroleo, of Bond Schoeneck & King, for the defendant-appellant; Vaughan J. Martin, pro se.
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