MatterofFeldstein[Commr.ofLabor]

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 30, 2014
• Docket: 518080
• Status: Published

Opinion

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: October 30, 2014 518080 ________________________________

In the Matter of the Claim of YVONNE A. FELDSTEIN, Appellant. MEMORANDUM AND ORDER COMMISSIONER OF LABOR, Respondent. ________________________________

Calendar Date: September 16, 2014

Before: Peters, P.J., 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.

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 -2- 518080

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.

ENTER:

Robert D. Mayberger Clerk of the Court