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In re the Claim of Dennis

233 A.D.2d 730, 650 N.Y.S.2d 1009, 1996 N.Y. App. Div. LEXIS 12057
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 21, 1996
StatusPublished
Cited by10 cases

This text of 233 A.D.2d 730 (In re the Claim of Dennis) 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 Dennis, 233 A.D.2d 730, 650 N.Y.S.2d 1009, 1996 N.Y. App. Div. LEXIS 12057 (N.Y. Ct. App. 1996).

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 26, 1995, which ruled, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because her employment was terminated due to misconduct.

Claimant was employed as a registered nurse until March 1994 when she was discharged for falsifying medical records. Testimony adduced at the hearing disclosed that claimant had entered false blood test results in patients’ charts to cover the fact that she had failed to conduct such tests. The Board ruled that claimant had lost her job due to disqualifying misconduct and charged her with a recoverable overpayment. Our review of the record discloses that the Board’s decision is supported by substantial evidence (see, Matter of Kenny [Hudacs], 188 AD2d 976, 977). Claimant’s denial of the charges presented a question of credibility which was within the exclusive province of the Board to resolve (see, Matter of Ciallela [Our Lady of Victory Hosp.—Hartnett], 172 AD2d 888, 889). We accordingly affirm the decision finding claimant to be disqualified from receiving unemployment insurance benefits.

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

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Cite This Page — Counsel Stack

Bluebook (online)
233 A.D.2d 730, 650 N.Y.S.2d 1009, 1996 N.Y. App. Div. LEXIS 12057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-dennis-nyappdiv-1996.