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Feldstein v. Comm'r of Labor

Appellate Division of the Supreme Court of the State of New York
Oct 30, 2014
2014 N.Y. Slip Op. 7407 (N.Y. App. Div. 2014)

Opinion

518080

10-30-2014

YVONNE A. FELDSTEIN, Appellant. v. COMMISSIONER OF LABOR, Respondent.

Yvonne A. Feldstein, New York City, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Dawn A. Foshee of counsel), for respondent.


Before: , Stein, Garry, Egan Jr. and Devine, JJ.

Yvonne A. Feldstein, New York City, appellant pro se.

Eric T. Schneiderman, Attorney General, New York City (Dawn A. Foshee of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 4, 2013, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left her employment as a medical secretary at a physician's office without good cause. Claimant quit the job after five days, complaining to the physician that the office manager was "very bossy, loud [and] intimidating." It is well settled, however, that an employee's inability to get along with a supervisor does not constitute good cause for leaving his or her employment (see Matter of Markaj [Commissioner of Labor], 119 AD3d 1267, 1267 [2014]; Matter of Bielak [Commissioner of Labor], 105 AD3d 1226, 1226 [2013]). Moreover, the physician stated that the office manager was "firm" but had never behaved in a rude or demeaning way, and claimant's vague testimony to the contrary created a credibility issue for the Board to resolve (see Matter of Crandall-Mars [Commissioner of Labor], 47 AD3d 1179, 1180 [2008]; Matter of Micara [Commissioner of Labor], 307 AD2d 568, 569 [2003]).

Peters, P.J., Stein, Garry, Egan Jr. and Devine, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

Feldstein v. Comm'r of Labor

Appellate Division of the Supreme Court of the State of New York
Oct 30, 2014
2014 N.Y. Slip Op. 7407 (N.Y. App. Div. 2014)
Case details for

Feldstein v. Comm'r of Labor

Case Details

Full title:YVONNE A. FELDSTEIN, Appellant. v. COMMISSIONER OF LABOR, Respondent.

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Oct 30, 2014

Citations

2014 N.Y. Slip Op. 7407 (N.Y. App. Div. 2014)