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PETKEWICZ v. DUTCHESS COUNTY DEPT. OF COMMUNITY & FAMILY SERVS., 137 A.D.3d 990 (2016)

Court: Supreme Court of New York Number: innyco20160316390 Visitors: 7
Filed: Mar. 16, 2016
Latest Update: Mar. 16, 2016
Summary: Ordered that the order is affirmed, with costs. The plaintiff commenced this action to recover damages for intentional infliction of emotional distress arising out of the termination of her employment as a probationary CPS Case Manager II with the defendant Dutchess County Department of Community & Family Services (hereinafter the Department). She alleged, inter alia, that the defendant Diane Malone, her Department supervisor, was overtly hostile, failed to provide her with meaningful mentoring
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Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for intentional infliction of emotional distress arising out of the termination of her employment as a probationary CPS Case Manager II with the defendant Dutchess County Department of Community & Family Services (hereinafter the Department). She alleged, inter alia, that the defendant Diane Malone, her Department supervisor, was overtly hostile, failed to provide her with meaningful mentoring and constructive feedback, and improperly prejudged her ability to perform her work duties, leading to her discharge. She further alleged that the Department acquiesced in Malone's wrongful conduct, that the defendants' conduct was extreme and outrageous, and that the defendants' conduct was intended to and did cause her extreme emotional distress.

On a motion to dismiss pursuant to CPLR 3211 (a) (7), the court should accept the alleged facts in the complaint as true and afford the proponent the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 N.Y.2d 83, 87 [1994]; Baron v Galasso, 83 A.D.3d 626, 628 [2011]; Sokol v Leader, 74 A.D.3d 1180, 1181 [2010]).

"The elements of intentional infliction of emotional distress are (1) extreme and outrageous conduct; (2) the intent to cause, or the disregard of a substantial likelihood of causing, severe emotional distress; (3) causation; and (4) severe emotional distress" (Klein v Metropolitan Child Servs., Inc., 100 A.D.3d 708, 710 [2012]; see Marmelstein v Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, 11 N.Y.3d 15, 22-23 [2008]; Howell v New York Post Co., 81 N.Y.2d 115, 121 [1993]; Taggart v Costabile, 131 A.D.3d 243, 249-250 [2015]). Even accepting as true the allegations in the complaint regarding the defendants' conduct, and according the plaintiff the benefit of every possible favorable inference, the defendants' conduct was not so extreme or outrageous as to satisfy the first element of intentional infliction of emotional distress (see Murphy v American Home Prods. Corp., 58 N.Y.2d 293, 303 [1983]; Borawski v Abulafia, 117 A.D.3d 662, 664-665 [2014]; Klein v Metropolitan Child Servs., Inc., 100 AD3d at 710). Accordingly, the Supreme Court properly granted the defendants' motion to dismiss the complaint.

Contrary to the plaintiff's contentions, the Supreme Court providently exercised its discretion in denying her cross motion for recusal. The plaintiff did not establish that there was a basis for recusal pursuant to Judiciary Law § 14 and failed to set forth any proof of bias or prejudice on the part of the Supreme Court Justice (see People v Moreno, 70 N.Y.2d 403, 405-406 [1987]; Tornheim v Tornheim, 28 A.D.3d 534, 535 [2006]; People ex rel. Smulczeski v Smulczeski, 18 A.D.3d 785, 786 [2005]).

Source:  Leagle

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