Opinion
March 3, 1998
Appeal from the Supreme Court, New York County (Diane Lebedeff, J.).
Plaintiff's proper recourse for challenging his termination from defendants' residency program is the grievance process set out in Public Health Law § 2801-b, which cannot be avoided "simply by asserting a breach of contract claim", or prima facie tort and defamation claims ( Gelbard v. Genesee Hosp., 87 N.Y.2d 691, 697; Falk v. Anesthesia Assocs., 228 A.D.2d 326, 330, lv dismissed 89 N.Y.2d 916). In any event, as the IAS Court held, plaintiff fails to allege any viable causes of action. We have considered plaintiff's other arguments and find them to be without merit.
Concur — Sullivan, J. P., Rosenberger, Ellerin and Tom, JJ.