In re the Claim of Fernandez

Appellate Division of the Supreme Court of New York

In re the Claim of Fernandez

238 A.D.2d 704, 656 N.Y.S.2d 424, 1997 N.Y. App. Div. LEXIS 3755

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

DecidedApril 10, 1997

StatusPublished

Cited by1 cases

This text of 238 A.D.2d 704 (In re the Claim of Fernandez) 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 Fernandez, 238 A.D.2d 704, 656 N.Y.S.2d 424, 1997 N.Y. App. Div. LEXIS 3755 (N.Y. Ct. App. 1997).

Pincite

Opinion

—Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 23, 1996, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment after leaving work early without permission. Claimant’s application for unemployment insurance benefits was denied upon the Unemployment Insurance Appeal Board’s finding that claimant was terminated for misconduct.

Although claimant asserts that he was permitted to leave work to attend a doctor’s appointment, the Board found otherwise after accepting the employer’s testimony to the contrary. The Board is entitled to resolve credibility issues (see, Matter of Santos [Hudacs], 206 AD2d 575). We find that substantial evidence supports the Board’s decision (see, Matter of Cassaro [Sweeney], 221 AD2d 790, 791) and, accordingly, it must be affirmed.

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

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 April 23, 1996, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment after leaving work early without permission. Claimant’s application for unemployment insurance benefits was denied upon the Unemployment Insurance Appeal Board’s finding that claimant was terminated for misconduct.

Although claimant asserts that he was permitted to leave work to attend a doctor’s appointment, the Board found otherwise after accepting the employer’s testimony to the contrary. The Board is entitled to resolve credibility issues (see, Matter of Santos [Hudacs], 206 AD2d 575). We find that substantial evidence supports the Board’s decision (see, Matter of Cassaro [Sweeney], 221 AD2d 790, 791) and, accordingly, it must be affirmed.

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

Cite This Page — Counsel Stack

Bluebook (online)

238 A.D.2d 704, 656 N.Y.S.2d 424, 1997 N.Y. App. Div. LEXIS 3755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-fernandez-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack