In re the Claim of Seftel, 31 A.D.3d 1011 (N.Y. App. Div. 2006). · Go Syfert
In re the Claim of Seftel, 31 A.D.3d 1011 (N.Y. App. Div. 2006). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Kupiec (Commissioner of Labor) (nyappdiv, 2021-04-08)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Kupiec (Commissioner of Labor)
N.Y. App. Div. · 2021 · confidence medium
Increased child-care expenses due to a work schedule change does not necessarily constitute good cause for resigning ( see Matter of Kattaya [Commissioner of Labor] , 32 AD3d 1124, 1125 [2006]) and an "employer's failure [or inability] to accommodate an employee's preference for a particular work schedule that is compatible with the employee's child-care arrangements has been found not to constitute good cause for leaving employment" ( Matter of Seftel [Commissioner of Labor] , 31 AD3d 1011, 1012 [2006]; see Matter of Ricciardi [Commissioner of Labor] , 47 AD3d 1039, 1039 [2008]; Matter of Gur…
discussed Cited as authority (rule) Rosen v. Mosby
N.Y. App. Div. · 2020 · confidence medium
Initially, plaintiff's claims with respect to the testimony of Jessica Quinn are unpreserved for our review, as he failed to raise an objection to her testimony upon the ground that Quinn was not included on a pretrial witness list and subsequently failed to respond to defendant's objection during cross-examination, which limited inquiry into whether she was an employee of defendant ( see generally Matter of Davis v Annucci , 140 AD3d 1432, 1433 [2016], appeal dismissed 28 NY3d 1109 [2016]; Matter of Seftel [Commissioner of Labor] , 31 AD3d 1011, 1012 [2006]).
discussed Cited as authority (rule) In re the Claim of Potter
N.Y. App. Div. · 2013 · confidence medium
She had been previously disciplined for her unprofessional conduct and, while she complains of the consideration of a document pertaining to those incidents, she waived any issues related thereto by failing to raise them at the hearing (see Matter of Seftel [Commissioner of Labor], 31 AD3d 1011, 1011-1012 [2006]; Matter of Liposki [Citifloral, Inc. — Commissioner of Labor], 284 AD2d 819, 820 [2001]).
discussed Cited as authority (rule) In re the Claim of Potter
N.Y. App. Div. · 2013 · confidence medium
She had been previously disciplined for her unprofessional conduct and, while she complains of the consideration of a document pertaining to those incidents, she waived any issues related thereto by failing to raise them at the hearing (see Matter of Seftel [Commissioner of Labor], 31 AD3d 1011, 1011-1012 [2006]; Matter of Liposki [Citifloral, Inc. — Commissioner of Labor], 284 AD2d 819, 820 [2001]).
discussed Cited as authority (rule) In re the Claim of Cincu
N.Y. App. Div. · 2007 · confidence medium
As for claimant’s unsubstantiated and speculative assertion that the surveillance videotape was improperly altered, he waived his right to make such a challenge by not objecting at the hearing (see Matter of Seftel [Commissioner of Labor], 31 AD3d 1011, 1011-1012 [2006]).
cited Cited as authority (rule) In re the Claim of Kattaya
N.Y. App. Div. · 2006 · confidence medium
Matter of Seftel [Commissioner of Labor], 31 AD3d 1011, 1012 [2006]).
Retrieving the full opinion text from the archive…
In the Matter of the Claim of Lisa A. Seftel, Commissioner of Labor
Appellate Division of the Supreme Court of the State of New York.
Jul 20, 2006.
31 A.D.3d 1011
Cardona.
Cited by 6 opinions  |  Published
Cardona, P.J.

Appeals (1) from a decision of the Unemployment Insurance Appeal Board, filed October 8, 2003, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause, and (2) from a decision of said Board, filed March 4, 2004, which, upon reconsideration, adhered to its prior decision.

Claimant worked for a consulting company as a benefits administrator. Her regular work hours were from 9:00 a.m. to 5:00 p.m. Monday through Friday. In January 2003, she went on maternity leave and was expected to return to work on March 24, 2003. Frior to taking her maternity leave, claimant asked her supervisor if she could work two days from home, including Mondays, to facilitate her child-care needs. Claimant’s supervisor agreed to try to accommodate her. However, when claimant’s maternity leave ended and it was time for her to return to work, she was advised that she could not work the modified schedule due to an increase in the employer’s work load as well as difficulties in connecting a business telephone line to her home. The employer extended claimant’s leave to April 14, 2003 and also offered her a part-time schedule at reduced pay. Nevertheless, claimant did not return to work and, in her application for unemployment insurance benefits, stated that she had been fired. Although claimant initially received benefits, the Unemployment Insurance Appeal Board subsequently disqualified her from receiving them because she had voluntarily left her employment without good cause. It also charged her with a recoverable overpayment of benefits and reduced her right to receive future benefits. The Board upheld this decision upon reconsideration, and claimant appeals.

Initially, while claimant takes issue with the admission of certain documentation received into evidence, she has waived[*1012] her right to challenge those items not objected to at the hearing (see e.g. Matter of Liposki [Citifloral, Inc.—Commissioner of Labor], 284 AD2d 819, 820 [2001]). As for the remaining items, which consist of e-mail correspondence between claimant and representatives of the employer, the record reveals that claimant’s attorney withdrew his objection to at least one of the e-mails and that claimant cured the hearsay concern with the other e-mail by testifying that she authored it. In any event, inasmuch as hearsay evidence is admissible in an unemployment insurance hearing (see Matter of Fratello [M & R Consumer Goods—Commissioner of Labor], 271 AD2d 880, 880 [2000]), and the e-mails were germane to the circumstances surrounding claimant’s cessation of employment, we find no error.

Turning to the merits, we note that an employer’s failure to accommodate an employee’s preference for a particular work schedule that is compatible with the employee’s child-care arrangements has been found not to constitute good cause for leaving employment (see e.g. Matter of Erno [Commissioner of Labor], 10 AD3d 838 [2004]; Matter of Gurtenboim [Commissioner of Labor], 306 AD2d 734 [2003]). Inasmuch as it is undisputed that claimant left her job for that reason, substantial evidence supports the Board’s decision. Likewise, given that she represented that she was fired when continuing work was available to her, she was properly charged with a recoverable overpayment (see Labor Law § 597 [4]; Matter of Kanela [Commissioner of Labor], 21 AD3d 632, 633 [2005]). We have considered claimant’s remaining arguments and find them to be unpersuasive.

Mercure, Carpinello, Mugglin and Lahtinen, JJ., concur. Ordered that the decisions are affirmed, without costs.