In re the Claim of Buisch

Appellate Division of the Supreme Court of New York

In re the Claim of Buisch

224 A.D.2d 853, 638 N.Y.S.2d 202, 1996 N.Y. App. Div. LEXIS 1289

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

DecidedFebruary 22, 1996

StatusPublished

Cited by2 cases

This text of 224 A.D.2d 853 (In re the Claim of Buisch) 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 Buisch, 224 A.D.2d 853, 638 N.Y.S.2d 202, 1996 N.Y. App. Div. LEXIS 1289 (N.Y. Ct. App. 1996).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 20, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant worked as a meat manager at a supermarket. He was terminated from his employment for setting aside some steaks for later purchase in violation of his employer’s policy. The Board denied claimant’s application for unemployment insurance benefits on the ground that he was terminated for misconduct. Contrary to claimant’s contention, we find that the Board’s decision is supported by substantial evidence. Although claimant testified that his supervisor gave him permission to set aside the steaks, the supervisor did not recall granting claimant such permission. Since issues of credibility are properly for the Board to decide, we find no reason to disturb the Board’s decision.

Cardona, P. J., Mercure, White, Casey 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 October 20, 1994, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant worked as a meat manager at a supermarket. He was terminated from his employment for setting aside some steaks for later purchase in violation of his employer’s policy. The Board denied claimant’s application for unemployment insurance benefits on the ground that he was terminated for misconduct. Contrary to claimant’s contention, we find that the Board’s decision is supported by substantial evidence. Although claimant testified that his supervisor gave him permission to set aside the steaks, the supervisor did not recall granting claimant such permission. Since issues of credibility are properly for the Board to decide, we find no reason to disturb the Board’s decision.

Cardona, P. J., Mercure, White, Casey and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

224 A.D.2d 853, 638 N.Y.S.2d 202, 1996 N.Y. App. Div. LEXIS 1289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-buisch-nyappdiv-1996.

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