In re the Claim of Fahey

Appellate Division of the Supreme Court of New York

In re the Claim of Fahey

258 A.D.2d 877, 685 N.Y.S.2d 126

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

DecidedJanuary 21, 1999

StatusPublished

This text of 258 A.D.2d 877 (In re the Claim of Fahey) 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 Fahey, 258 A.D.2d 877, 685 N.Y.S.2d 126 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 20, 1997, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

We find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left her employment without good cause given the testimony from the employer’s witness that continuing work was available to claimant (see, Matter of Singh [Sweeney], 247 AD2d 666). Although claimant testified that her supervisor actually told her that she was being laid off, this sharply conflicting testimony merely raised a credibility issue that the Board was free to resolve in the employer’s favor (see, id.; Matter of Mesidor [Sweeney], 247 AD2d 696). We have considered claimant’s remaining arguments and find them to be unpersuasive.

Cardona, P. J., Mikoll, Mercure, Carpinello and Graffeo, 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 August 20, 1997, which, upon reconsideration, adhered to its prior decision ruling, inter alia, that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

We find that substantial evidence supports the decision of the Unemployment Insurance Appeal Board that claimant voluntarily left her employment without good cause given the testimony from the employer’s witness that continuing work was available to claimant (see, Matter of Singh [Sweeney], 247 AD2d 666). Although claimant testified that her supervisor actually told her that she was being laid off, this sharply conflicting testimony merely raised a credibility issue that the Board was free to resolve in the employer’s favor (see, id.; Matter of Mesidor [Sweeney], 247 AD2d 696). We have considered claimant’s remaining arguments and find them to be unpersuasive.

Cardona, P. J., Mikoll, Mercure, Carpinello and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.

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258 A.D.2d 877, 685 N.Y.S.2d 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-fahey-nyappdiv-1999.

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