Appeal from a judgment of the City Court of Beacon, Dutchess County (Timothy G. Pagones, J.), entered September 27, 2005. The judgment, after a nonjury trial, dismissed the action.

Judgment affirmed without costs.

Plaintiff, who had been a "spare bus driver" for the Beacon City School District, brought the instant small claims action to recover "summer wages" and back pay, claiming that he had been improperly disqualified after undergoing a mandatory annual physical examination which is required of all school bus drivers (see 15 NYCRR 6.10).
After a nonjury trial, the City Court determined that the evidence did not show that plaintiff had been wrongfully terminated from employment, and that he had not established a prima facie case of liability and damages. This appeal ensued.

Upon a review of the record, we agree with the determination of the court below that plaintiff failed to set forth a prima facie case. Accordingly, the dismissal of the action rendered substantial justice between the parties according to the rules and principles of substantive law (UCCA 1804, 1807).

Rudolph, P.J., Tanenbaum and LaCava, JJ., concur.
Decision Date: March 2, 2007