BARBARA WITCHARD, plf-ap, v. MONTEFIORE MEDICAL CENTER, def-res

9408. BARBARA WITCHARD, plf-ap, v. MONTEFIORE MEDICAL CENTER, def-res — Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for ap — Littler Mendelson PC, New York (Jean L. Schmidt of counsel), for res — Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered October 4, 2011, which, in an action alleging employment discrimination, denied plaintiff’s motion for partial summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The record demonstrates that defendant engaged in good faith interactive efforts to reasonably accommodate plaintiff (see Phillips v. City of New York, 66 AD3d 170, 175-176 [1st Dept 2009]). These good faith efforts ceased only when plaintiff asserted that she had been constructively discharged and refused to participate. Plaintiff thereby abandoned her employment with defendant (see Romanello v. Intesa Sanpaolo S.p.A., 97 AD3d 449, 451 [1st Dept 2012]; Matter of Vinikoff v. New York State Div. of Human Rights, 83 AD3d 1159, 1163 [3d Dept 2011]). Contrary to plaintiff’s contention that she was terminated on April 26, 2004, the record shows that she was not actively working after that date and was effectively on unpaid leave while engaging in an interactive process with defendant (see Jacobsen v. New York City Health & Hosps. Corp., 97 AD3d 428, 431-432 [1st Dept 2012]).