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Feldstein v. Comm'r of Labor

Supreme Court, Appellate Division, Third Department, New York.
Oct 30, 2014
121 A.D.3d 1477 (N.Y. App. Div. 2014)

Opinion

518080.

10-30-2014

In the Matter of the Claim of Yvonne A. FELDSTEIN, Appellant. 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.


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: PETERS, P.J., STEIN, GARRY, EGAN JR. and DEVINE, JJ.

Opinion 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 A.D.3d 1267, 1267, 989 N.Y.S.2d 412 [2014] ; Matter of Bielak [Commissioner of Labor], 105 A.D.3d 1226, 1226, 962 N.Y.S.2d 815 [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 A.D.3d 1179, 1180, 850 N.Y.S.2d 692 [2008] ; Matter of Micara [Commissioner of Labor], 307 A.D.2d 568, 569, 762 N.Y.S.2d 302 [2003] ).

ORDERED that the decision is affirmed, without costs.


Summaries of

Feldstein v. Comm'r of Labor

Supreme Court, Appellate Division, Third Department, New York.
Oct 30, 2014
121 A.D.3d 1477 (N.Y. App. Div. 2014)
Case details for

Feldstein v. Comm'r of Labor

Case Details

Full title:In the Matter of the Claim of Yvonne A. FELDSTEIN, Appellant. COMMISSIONER…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Oct 30, 2014

Citations

121 A.D.3d 1477 (N.Y. App. Div. 2014)
994 N.Y.S.2d 466
2014 N.Y. Slip Op. 7407

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