In re the Claim of Benito

Appellate Division of the Supreme Court of New York

In re the Claim of Benito

203 A.D.2d 846, 612 N.Y.S.2d 967, 1994 N.Y. App. Div. LEXIS 4419

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 28, 1994

StatusPublished

Cited by1 cases

This text of 203 A.D.2d 846 (In re the Claim of Benito) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Benito, 203 A.D.2d 846, 612 N.Y.S.2d 967, 1994 N.Y. App. Div. LEXIS 4419 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 8, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Substantial evidence exists in the record to support the Board’s determination that claimant, a freight elevator operator in a commercial building, committed misconduct when he threatened an employee of one of the building’s tenants with a knife. Although claimant denies that the incident occurred, this merely presented a question of credibility for the Board to resolve. We have considered claimant’s remaining contention and find it lacking in merit.

Mikoll, J. P., Mercure, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 8, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Substantial evidence exists in the record to support the Board’s determination that claimant, a freight elevator operator in a commercial building, committed misconduct when he threatened an employee of one of the building’s tenants with a knife. Although claimant denies that the incident occurred, this merely presented a question of credibility for the Board to resolve. We have considered claimant’s remaining contention and find it lacking in merit.

Mikoll, J. P., Mercure, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

203 A.D.2d 846, 612 N.Y.S.2d 967, 1994 N.Y. App. Div. LEXIS 4419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-benito-nyappdiv-1994.

Opinion

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