Opinion
October 1, 1993
Appeal from the Supreme Court, Monroe County, Wisner, J.
Present — Callahan, J.P., Pine, Lawton, Doerr and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. Defendant proffered evidentiary proof establishing that plaintiff's employment was at will and that there was no express agreement that limited defendant's right to terminate plaintiff's employment (see, Sabetay v. Sterling Drug, 69 N.Y.2d 329; Murphy v. American Home Prods. Corp., 58 N.Y.2d 293; Weiner v. McGraw-Hill, Inc., 57 N.Y.2d 458; Backus v Planned Parenthood, 161 A.D.2d 1116; Valvo v. Chautauqua Area Girl Scout Council, 159 A.D.2d 1021; Collins v. Hoselton Datsun, 120 A.D.2d 952). Plaintiff's reliance on the Employee Handbook and the Policy Manual is misplaced because neither document limits or restricts defendant's right to discharge plaintiff at will (cf., Weiner v. McGraw-Hill, Inc., supra). Indeed, the Employee Handbook contains an explicit disclaimer (see, Battaglia v Sisters of Charity Hosp., 124 A.D.2d 987).
Finally, we conclude that Supreme Court properly dismissed plaintiff's cause of action alleging breach of an implied covenant of good faith (see, Sabetay v. Sterling Drug, supra, at 335-336; Murphy v. American Home Prods. Corp., supra, at 304-305).