In Smith v. New York State Elec. And Gas Corp., 155 A.D.2d 850 (3d Dept. 1989) the employee only learned of the severance policy after his discharge, and could not meet his burden of showing evidence of a regular practice by defendant to make severance payments, and his reliance on that practice in accepting or continuing his employment. Under these circumstances, the claimed contract upon which Plaintiffs relied, was unsupported by consideration, and was therefore unenforceable. The Court affirmed the dismissal of the complaint.