In re Sciortino

• Decision Date: 25 June 2015
• Docket Number: 519774
• Parties: In the Matter of the Claim of Kristin M. SCIORTINO, Respondent. Salina Free Library, Appellant. Commissioner of Labor, Respondent.
• Court: New York Supreme Court — Appellate Division

129 A.D.3d 1415

12 N.Y.S.3d 370

2015 N.Y. Slip Op. 05542

In the Matter of the Claim of Kristin M. SCIORTINO, Respondent. Salina Free Library, Appellant. Commissioner of Labor, Respondent.

519774

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

June 25, 2015.

Law Office of Keith D. Miller, Liverpool (Keith D. Miller of counsel), for appellant.

Michelle I. Rosien, Philmont, for Kristin M. Sciortino, respondent.

Before: McCARTHY, J.P., EGAN JR., LYNCH and CLARK, JJ.

Opinion

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 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 [Marion–Palmieri Agency, Inc.-Commissioner of Labor], 109 A.D.3d 1044, 1045, 972 N.Y.S.2d 342 [2013], quoting Matter of Heller [Paragon Motors of Woodside, Inc.-Commissioner of Labor], 83 A.D.3d 1229, 1229, 921 N.Y.S.2d 403 [2011] ; see Matter of Malone [Commissioner of Labor], 117 A.D.3d 1306, 1306, 985 N.Y.S.2d 772 [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 A.D.3d at 1306–1307, 985 N.Y.S.2d 772 ; Matter of Mielewski [Sweeney], 227 A.D.2d 805, 806, 642 N.Y.S.2d 437 [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 clai...