Thuy Pham v. Sperber, Denenberg & Kahan, PC, 529274

Decision Date12 December 2019
Docket Number529274
Parties In the Matter of the Claim of THUY PHAM, Appellant. v. SPERBER, DENENBERG & KAHAN, PC, Respondent. Commissioner of Labor, Respondent.
CourtNew York Supreme Court — Appellate Division

178 A.D.3d 1227
115 N.Y.S.3d 164

In the Matter of the Claim of THUY PHAM, Appellant.
v.
SPERBER, DENENBERG & KAHAN, PC, Respondent.


Commissioner of Labor, Respondent.

529274

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

Calendar Date: November 8, 2019
Decided and Entered: December 12, 2019


115 N.Y.S.3d 165

Thuy Pham, New York City, appellant pro se.

Sperber, Denenberg & Kahan, PC, New York City (Eric H. Kahan of counsel), for Sperber, Denenberg & Kahan, PC, respondent.

Before: Garry, P.J., Egan Jr., Clark and Mulvey, JJ.

MEMORANDUM AND ORDER

178 A.D.3d 1227

Appeal from a decision of the Unemployment Insurance Appeal Board, filed November 5, 2018, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

Claimant worked as an associate attorney for the employer, a law firm in New York City. In January 2018, she had hip replacement surgery and was granted a medical leave of absence. Prior to the surgery, her legal duties consisted primarily of transactional work, such as real estate closings, that she performed in the employer's office. During the time that claimant was out on medical leave, the employer found it necessary to hire another attorney to handle the transactional work. When claimant returned to work in early May 2018, her legal duties had changed and, during her first week back, she

178 A.D.3d 1228

spent most of her time appearing in court at various locations throughout the city. In addition, she scheduled her physical therapy appointments at times during the work day that were not satisfactory to the employer. One week after claimant returned to work, she resigned from her position.

Claimant applied for unemployment insurance benefits and an initial determination was rendered finding her eligible to receive them. The employer objected and, following a hearing, an Administrative Law Judge overruled the initial determination and found that claimant was disqualified from receiving benefits because she voluntarily left her employment without good cause. The Unemployment Insurance Appeal Board upheld this decision and denied...

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3 cases
  • Steele v. Annucci, 529272
    • United States
    • New York Supreme Court Appellate Division
    • December 12, 2019
    ...affirmed on administrative appeal, and this CPLR article 78 proceeding ensued.We confirm. The detailed misbehavior report and hearing 178 A.D.3d 1227 testimony provide substantial evidence supporting the determination of guilt (see Matter of Woodward v. Annucci, 175 A.D.3d 785, 785–786, 105......
  • Kupiec v. Comm'r of Labor
    • United States
    • New York Supreme Court Appellate Division
    • April 8, 2021
    ...not be disturbed when supported by substantial evidence" ( Matter of Thuy Pham [Sperber, Denenberg & Kahan, PC–Commissioner of Labor], 178 A.D.3d 1227, 1228, 115 N.Y.S.3d 164 [2019] [internal quotation marks and citations omitted]; see Labor Law §§ 593[1] ; 623; Matter of LaRocca [New York ......
  • Dove v. Annucci
    • United States
    • New York Supreme Court Appellate Division
    • January 21, 2021
    ...misbehavior report was retaliatory presented a credibility issue for the Hearing Officer to resolve (see Matter of Steele v. Annucci, 178 A.D.3d at 1227, 111 N.Y.S.3d 917 ; Matter of Bradshaw v. Annucci, 163 A.D.3d 1380, 1381, 80 N.Y.S.3d 748 [2018] ). Petitioner's remaining contentions are......

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