Fourth Department – Whistleblower actions: Trabert v. NYS Office of Mental Health

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Whistleblower actions — Jurisdiction — Court of Claims

Trabert v. NYS Office of Mental Health

CA 23-01890

Appealed from Supreme Court, Onondaga County

Background: The plaintiff was employed as a risk manager who commenced a whistleblower action following her resignation from a psychiatric center. At issue on appeal is the defendants’ motion to dismiss the complaint arguing that the Supreme Court lacked subject matter jurisdiction on the ground that only the Court of Claims has jurisdiction.

Ruling: The Appellate Division granted the motion in part and dismissed the first cause of action. The court held that the legislature enacted the 2010 amendment to the Court of Claims Act to address concerns that the court did not have jurisdiction over claims asserted under whistleblower statutes. Thus, the legislature did not strip the court of claims jurisdiction. The Appellate Division further noted that the plaintiff’s Labor Law 740 cause of action should be dismissed as it only applies to private sector employers.

Blair J. Greenwald, of the NYS Office of the Attorney General, for the defendants-appellants; Gregory L. Silverman for the plaintiff-respondent.

Oral argument video