Matter of Sciortino (Commr. of Labor), 129 A.D.3d 1415 (N.Y. App. Div. 3d Dep't 2015). · Go Syfert
Matter of Sciortino (Commr. of Labor), 129 A.D.3d 1415 (N.Y. App. Div. 3d Dep't 2015). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Cited for
At page 1416 Deferring to board's factual findings on good cause3 citing caseslibrary for seven years. After she resigned from her position, her application for unemployment insurance benefits was initially denied, and the denial was…opening of page *1416 (no citing court says what it cites this page for)
  • Matter of Juneau (Comm'r of Labor), 150 A.D.3d 1525 (N.Y. App. Div. 3d Dep't 2017).published
    Giving deference to the Board’s credibility determinations (see Matter of Sciortino [Salina Free Lib.—Commissioner of Labor], 129 AD3d 1415, 1416 [2015]), there is substantial evidence supporting its determination that claimant had not yet…
  • Matter of Roberson (Commr. of Labor), 142 A.D.3d 1259 (N.Y. App. Div. 3d Dep't 2016).published
    Whether a claimant has good cause to leave his or her employment so as to qualify for unemployment insurance benefits “is a factual determination to be made by the Board, and its decision will not be disturbed when supported by substantial…
  • ] Matter of Clarke (Commr. of Labor), 139 A.D.3d 1285 (N.Y. App. Div. 3d Dep't 2016).published
    We reach a different conclusion with regard to Walsh, an occupational therapy assistant, deferring to the Board’s determination to credit her testimony (see Matter of Sciortino [Salina Free Lib. — Commissioner of Labor], 129 AD3d 1415, 141…
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Kristin M. Sciortino, Respondent. Salina Free Library, Appellant; Commissioner of Labor, Respondent
519774.
Appellate Division of the Supreme Court of the State of New York.
Jun 25, 2015.
Published opinion
129 A.D.3d 1415
McCarthy, Egan, Lynch, Clark.
Cited by 3 opinions  |  Published

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 23, 2014, which ruled that claimant was entitled to receive unemployment insurance benefits.

Claimant worked as the circulation coordinator at a public[*1416] library for seven years. After she resigned from her position, her application for unemployment insurance benefits was initially denied, and the denial was upheld by an Administrative Law Judge following a hearing. The Unemployment Insurance Appeal Board, however, reversed and found that claimant was entitled to receive benefits. The employer now appeals.

“ ‘Whether a claimant has good cause to leave his or her employment is a factual determination to be made by the Board, and its decision will not be disturbed when supported by substantial evidence’ ” (Matter of Cottone [Marino-Palmieri Agency, Inc. —Commissioner of Labor], 109 AD3d 1044, 1045 [2013], quoting Matter of Heller [Paragon Motors of Woodside, Inc. —Commissioner of Labor], 83 AD3d 1229, 1229 [2011]; see Matter of Malone [Commissioner of Labor], 117 AD3d 1306, 1306 [2014]). Here, claimant testified to an ongoing conflict between her and the technology coordinator at the library. The Board specifically credited claimant’s testimony that another employee reported to claimant that the technology coordinator had been monitoring claimant’s whereabouts and activities during claimant’s breaks. Claimant’s supervisor agreed that when claimant brought these facts, along with other facts regarding the technology supervisor’s actions, to the supervisor’s attention, the supervisor offered no assistance to claimant. Claimant sought further assistance from management, but was told that she would not receive assistance without the support of her supervisor. Deferring to the Board’s credibility determinations (see Matter of Malone [Commissioner of Labor], 117 AD3d at 1306-1307; Matter of Mielewski [Sweeney], 227 AD2d 805, 806 [1996]), there was substantial evidence for the Board’s findings that claimant’s employer failed to take even minimal steps to confirm or refute the alleged report that the technology coordinator had been inappropriately monitoring claimant’s whereabouts and activities during claimant’s breaks. We find no reason to disturb the Board’s determination that such inaction by the employer provided good cause for claimant to leave her employment (see Matter of Grace [Astrocom Elecs., Inc. —Commissioner of Labor], 69 AD3d 1156, 1157 [2010]; compare Matter of Mielewski [Sweeney], 227 AD2d at 806). *

The employer’s remaining contentions are without merit.

McCarthy, J.P., Egan Jr., Lynch and Clark, JJ., concur.

Ordered that the decision is affirmed, without costs.

*

We disregard the employer’s provision of documentation that is outside the record (see Matter of Green [Village of Hempstead —Commissioner of Labor], 80 AD3d 954, 955 [2011]).