Opinion
527713
03-21-2019
In the Matter of the Claim of Lorraine GILYARD, Appellant. v. COMMISSIONER OF LABOR, Respondent.
Lorraine Gilyard, New York City, appellant pro se. Letitia James, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.
Lorraine Gilyard, New York City, appellant pro se.
Letitia James, Attorney General, New York City (Gary Leibowitz of counsel), for respondent.
Before: Garry, P.J., Lynch, Mulvey, Aarons and Pritzker, JJ.
MEMORANDUM AND ORDERAppeal from a decision of the Unemployment Insurance Appeal Board, filed July 23, 2018, which denied claimant's application to reopen and/or reconsider a prior decision.
Claimant, a residential aide at a secure family shelter, resigned her position in October 2017 – purportedly due to ongoing verbal sexual harassment by a supervisor – and applied for unemployment insurance benefits. By decision filed April 30, 2018, the Unemployment Insurance Appeal Board ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause. Shortly thereafter, claimant applied for reopening and reconsideration of the Board's decision. The Board, by decision filed July 23, 2018, denied claimant's application, prompting this appeal.
We affirm. Initially, claimant has not advanced any argument regarding the denial of her application to reopen and/or reconsider the Board's prior decision, and our review of the record fails to disclose that the Board abused its discretion in this regard. Accordingly, we find no basis upon which to disturb the Board's July 2018 decision denying claimant's application for reopening and/or reconsideration (see Matter of Lambrecht [Commissioner of Labor], 102 A.D.3d 1050, 1051, 957 N.Y.S.2d 924 [2013] ; Matter of Wood [Commissioner of Labor], 24 A.D.3d 854, 855, 805 N.Y.S.2d 682 [2005] ; Matter of Petrillo [Commissioner of Labor], 308 A.D.2d 666, 667, 764 N.Y.S.2d 666 [2003] ).
Nonetheless, claimant's timely application for reopening and reconsideration brings the merits of her claim – as well as the Board's April 2018 decision – properly before us (see Matter of Lambrecht [Commissioner of Labor], 102 A.D.3d at 1051, 957 N.Y.S.2d 924 ; compare Matter of Wood [Commissioner of Labor], 24 A.D.3d at 855, 805 N.Y.S.2d 682 ). That said, claimant admittedly voiced no complaints to her superiors regarding the alleged sexual harassment, thereby both depriving the employer of an opportunity to address the situation and failing to take reasonable steps to protect her employment (see Matter of Augustus [Commissioner of Labor], 84 A.D.3d 1669, 1669, 922 N.Y.S.2d 883 [2011] ; Matter of Roman [Commissioner of Labor], 32 A.D.3d 1067, 1068, 820 N.Y.S.2d 860 [2006] ). Similarly, although claimant testified at the hearing that she was undergoing therapy to deal with the aftermath of the alleged harassment, she did not seek treatment until after she resigned from her position, and nothing in the record suggests that she was given medical advice to leave her employment (see Matter ofDunlop [Commissioner of Labor], 62 A.D.3d 1186, 1186, 881 N.Y.S.2d 505 [2009] ; Matter of Diermyer [Commissioner of Labor], 58 A.D.3d 996, 997, 871 N.Y.S.2d 461 [2009] ; Matter of Canty [Commissioner of Labor], 49 A.D.3d 943, 943, 853 N.Y.S.2d 396 [2008] ). Under these circumstances, and given that "[g]eneral dissatisfaction with working conditions or an inability to get along with coworkers [or a supervisor] does not constitute good cause for leaving employment" ( Matter of Augustus [Commissioner of Labor], 84 A.D.3d at 1669, 922 N.Y.S.2d 883 ; see Matter of Hill [Commissioner of Labor], 54 A.D.3d 1123, 1124, 865 N.Y.S.2d 700 [2008] ), the Board's finding that claimant voluntarily left her employment without good cause is supported by substantial evidence.
Garry, P.J., Lynch, Mulvey, Aarons and Pritzker, JJ., concur.
ORDERED that the decision is affirmed, without costs.