In re the Claim of Chamber

Appellate Division of the Supreme Court of New York

In re the Claim of Chamber

238 A.D.2d 643, 656 N.Y.S.2d 962, 1997 N.Y. App. Div. LEXIS 3136

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

DecidedApril 3, 1997

StatusPublished

This text of 238 A.D.2d 643 (In re the Claim of Chamber) 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 Chamber, 238 A.D.2d 643, 656 N.Y.S.2d 962, 1997 N.Y. App. Div. LEXIS 3136 (N.Y. Ct. App. 1997).

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Opinion

—Appeal from a decisión of the Unemployment Insurance Appeal Board, filed September 15, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was employed as a refrigeration mechanic until August 1994 when he was terminated as the result of a physical altercation between himself and the employer’s president. Claimant’s application for unemployment insurance benefits was ultimately denied on the ground of misconduct. Claimant challenges the Unemployment Insurance Appeal Board’s decision contending that his testimony was more credible than other witnesses’ testimony.

It is well settled that questions of credibility are for the Board to resolve (see, Matter of Thompson [Hudacs], 210 AD2d 614, 615). We conclude that substantial evidence supports the Board’s determination (see, Matter of Redjepi [Hudacs], 210 AD2d 727).

Mikoll, J. P., Mercure, Crew III, White and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Appeal from a decisión of the Unemployment Insurance Appeal Board, filed September 15, 1995, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was employed as a refrigeration mechanic until August 1994 when he was terminated as the result of a physical altercation between himself and the employer’s president. Claimant’s application for unemployment insurance benefits was ultimately denied on the ground of misconduct. Claimant challenges the Unemployment Insurance Appeal Board’s decision contending that his testimony was more credible than other witnesses’ testimony.

It is well settled that questions of credibility are for the Board to resolve (see, Matter of Thompson [Hudacs], 210 AD2d 614, 615). We conclude that substantial evidence supports the Board’s determination (see, Matter of Redjepi [Hudacs], 210 AD2d 727).

Mikoll, J. P., Mercure, Crew III, White and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

238 A.D.2d 643, 656 N.Y.S.2d 962, 1997 N.Y. App. Div. LEXIS 3136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-chamber-nyappdiv-1997.

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