The following e-filed documents, listed by NYSCEF document number (Motion 002) 9, 10, 11, 12 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION This action arises out of plaintiff Mandela T. Brock’s claims that defendants Prime Now, LLC s/h/a Amazon, Prime Now LLC (“Prime Now”), Jeff Bezos, Alex Martin Lopez (“Lopez”) (together referred to as the “Amazon Defendants”) and Melissa D. Hill and Liliya P. Kramer (the “Morgan Lewis Defendants”) (collectively, the “defendants”) wrongfully terminated him and subjected him to discrimination, a hostile work environment and retaliation on account of his disability of alcoholism in violation of state laws, including the New York State Labor Law. Defendants move, pursuant to CPLR 3211 (a)(7), for an order dismissing the Amended Complaint. For the reasons set forth below, defendants’ motion is granted. PROCEDURAL HISTORY This action is on remand from the Southern District of New York, which after dismissing all of plaintiff’s federal claims, declined to exercise supplemental jurisdiction over plaintiff’s remaining state law claims. By Report and Recommendation, dated August 26, 2021, Magistrate Judge Ona T. Wang (SDNY) recommended dismissal of all federal claims asserted by plaintiff against the Amazon Defendants and the Morgan Lewis Defendants (Brock v. Prime Now LLC, 2021 WL 4267849 [SDNY Aug. 26, 2021]). As is relevant herein, Magistrate Judge Wang found that plaintiff failed to state a cause of action for employment discrimination under the Americans with Disabilities Act [42 USC §12101 et seq.] (“ADA”), failed to sufficiently plead retaliation under the ADA, and failed to adequately plead claims under the federal Racketeer Influenced and Corrupt Organizations Act [18 USC §§1961-68] (“RICO”). On September 19, 2021, United States District Judge Valerie Caproni adopted the Report and Recommendation in its entirety (Brock v. Prime Now LLC, 2021 WL 4267380 [SDNY Sept 19, 2021]). The Amended Complaint asserted a total of fifteen causes of action, and based on the federal court’s dismissal of the federal causes of action, nine causes of action remain. Those causes of action are disability discrimination and/or failure to accommodate under state law (First Cause of Action), violations of New York Labor Law (second and third causes of action); violations of the New York Penal Law (fourth cause of action), hostile work environment (fifth cause of action), slander and libel (sixth and seventh causes of action), breach of contract (eighth cause of action) and bearing false witness (ninth cause of action). BACKGROUND AND FACTUAL ALLEGATIONS Reference is made to the detailed and comprehensive District Court Report and Recommendation (Brock v. Prime Now LLC [2021 WL 4267849 [SDNY Aug. 26, 2021]). Plaintiff worked for defendant Prime Now, a wholly owned subsidiary of Amazon.com LLC, as a Whole Foods Shopper between May and August of 2020 (Id. at *1). Prime Now had a safety policy that prohibited employees from wearing headphones while shopping and packing. There were two of plaintiff’s behaviors that defendant Alex Martin Lopez (“Lopez”), plaintiff’s supervisor, flagged as violating Prime Now and Amazon policies — that plaintiff violated a Prime Now safety policy that prohibits the use of headphones while working and that plaintiff violated Amazon’s Time Off Task Guidelines. The Amended Complaint contends that prior to receiving any warnings about headphone use, plaintiff spoke with Lopez “in private, concerning his, plaintiff’s, disability and the need to listen in and or participate in Alcoholics Anonymous [("AA")] meetings and Rehabilitation Groups to maintain sobriety” (Amended Complaint 11). Plaintiff further contends that although he then refrained from wearing headphones while shopping, “thereafter ensured [sic] a pattern of denial of the right to work with a disability in violation of lawful procedures and regulations thereby creating a hostile work environment” (Amended Complaint 13). Plaintiff also alleges that he informed Lopez that he was off task/unavailable due to the system “timing out without consent” (Amended Complaint
