In re the Claim of Brewer

Appellate Division of the Supreme Court of New York

In re the Claim of Brewer

53 A.D.2d 751, 384 N.Y.S.2d 269, 1976 N.Y. App. Div. LEXIS 13524

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

DecidedJune 10, 1976

StatusPublished

Cited by7 cases

This text of 53 A.D.2d 751 (In re the Claim of Brewer) 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 Brewer, 53 A.D.2d 751, 384 N.Y.S.2d 269, 1976 N.Y. App. Div. LEXIS 13524 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 13, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because of misconduct. Claimant, an eight-year employee of a food chain, in response to a request of his superior, opened the trunk of his car and revealed salable merchandise with a value of $48. Claimant, at his hearing, contended he had given his car keys to another employee and was unaware that company property had been placed in his car. He signed a statement, however, wherein he admitted to having merchandise in his car illegally and without the knowledge of the store manager. Although he denies in his brief that he voluntarily signed the statement, he made no such contention at his hearing. Issues of fact and credibility are solely within the province of the board, and, where, as here, the board’s decision is supported by substantial evidence, it will not be disturbed (Matter of Overt [Levine], 50 AD2d 659). Violation of company rules has been held to be misconduct within the meaning of subdivision 3 of section 593 of the Labor Law (Matter of Moore [Levine], 51 AD2d 614). Decision affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Main and Reynolds, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 13, 1975, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits because of misconduct. Claimant, an eight-year employee of a food chain, in response to a request of his superior, opened the trunk of his car and revealed salable merchandise with a value of $48. Claimant, at his hearing, contended he had given his car keys to another employee and was unaware that company property had been placed in his car. He signed a statement, however, wherein he admitted to having merchandise in his car illegally and without the knowledge of the store manager. Although he denies in his brief that he voluntarily signed the statement, he made no such contention at his hearing. Issues of fact and credibility are solely within the province of the board, and, where, as here, the board’s decision is supported by substantial evidence, it will not be disturbed (Matter of Overt [Levine], 50 AD2d 659). Violation of company rules has been held to be misconduct within the meaning of subdivision 3 of section 593 of the Labor Law (Matter of Moore [Levine], 51 AD2d 614). Decision affirmed, without costs. Koreman, P. J., Sweeney, Mahoney, Main and Reynolds, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

53 A.D.2d 751, 384 N.Y.S.2d 269, 1976 N.Y. App. Div. LEXIS 13524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-brewer-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack