In re the Claim of Booras

Appellate Division of the Supreme Court of New York

In re the Claim of Booras

50 A.D.2d 627, 375 N.Y.S.2d 50, 1975 N.Y. App. Div. LEXIS 12437

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

DecidedNovember 6, 1975

StatusPublished

Cited by2 cases

This text of 50 A.D.2d 627 (In re the Claim of Booras) 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 Booras, 50 A.D.2d 627, 375 N.Y.S.2d 50, 1975 N.Y. App. Div. LEXIS 12437 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 28, 1974, which disqualified claimant from receiving unemployment insurance benefits, upon the ground that he lost employment through his own misconduct. Claimant’s explanation for his absence from his assigned work station, after final warnings as to the consequences of such conduct, merely presented questions of fact and credibility. The resolution of these issues is solely within the province of the board, and its determination must be sustained where, as here, it is supported by substantial evidence (Matter of Lester [Catherwood], 30 AD2d 1025). Decision affirmed, without costs. Herlihy, P. J., Greenblott, Kane, Koreman and Main, JJ., concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 28, 1974, which disqualified claimant from receiving unemployment insurance benefits, upon the ground that he lost employment through his own misconduct. Claimant’s explanation for his absence from his assigned work station, after final warnings as to the consequences of such conduct, merely presented questions of fact and credibility. The resolution of these issues is solely within the province of the board, and its determination must be sustained where, as here, it is supported by substantial evidence (Matter of Lester [Catherwood], 30 AD2d 1025). Decision affirmed, without costs. Herlihy, P. J., Greenblott, Kane, Koreman and Main, JJ., concur.

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Bluebook (online)

50 A.D.2d 627, 375 N.Y.S.2d 50, 1975 N.Y. App. Div. LEXIS 12437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-booras-nyappdiv-1975.

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