Matter of Moynihan v. New York City Health & Hosps. Corp.
The case involves a petitioner's appeal against the New York City Health and Hospitals Corporation (HHC) regarding a retaliatory termination claim. The petitioner, a registered nurse, was fired from her position at HHC's Office of Clinical and Health Services Research (OCHSR) in 2009, allegedly for reporting non-compliance with regulatory requirements in human-subject research programs. She sought to file a late notice of claim under General Municipal Law § 50-e to pursue claims under Labor Law §§ 740 and 741. The Supreme Court initially granted her petition, but the appellate court reversed this decision. The court found the Labor Law § 740 claim time-barred and the Labor Law § 741 claim without merit because the petitioner did not 'perform health care services' as strictly defined by the statute, despite her nursing background, as her role was limited to reviewing documentation. Consequently, the petition was denied, and the proposed complaint dismissed with prejudice.