In re the Claim of Kelley

Appellate Division of the Supreme Court of New York

In re the Claim of Kelley

206 A.D.2d 722, 614 N.Y.S.2d 940, 1994 N.Y. App. Div. LEXIS 7520

Appellate Division of the Supreme Court of the State of New York·Decided July 21, 1994·Published

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 28, 1993, which ruled that claimant was entitled to receive unemployment insurance benefits.

We find that there is substantial evidence in the record to support the Board’s determination that claimant did not voluntarily leave his employment as a paralegal without good cause. The credible evidence established that claimant left his job because of his employer’s verbal abuse and deprecating behavior, which exceeded the bounds of propriety. Significantly, the Board was free to disbelieve the employer’s witnesses and credit those of claimant.

Cardona, P. J., White, Weiss, Yesawich Jr. 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 January 28, 1993, which ruled that claimant was entitled to receive unemployment insurance benefits.

We find that there is substantial evidence in the record to support the Board’s determination that claimant did not voluntarily leave his employment as a paralegal without good cause. The credible evidence established that claimant left his job because of his employer’s verbal abuse and deprecating behavior, which exceeded the bounds of propriety. Significantly, the Board was free to disbelieve the employer’s witnesses and credit those of claimant.

Cardona, P. J., White, Weiss, Yesawich Jr. and Peters, JJ., concur. Ordered that the decision is affirmed, without costs.

In re the Claim of Kelley, 206 A.D.2d 722, 614 N.Y.S.2d 940, 1994 N.Y. App. Div. LEXIS 7520 (N.Y. Ct. App. 1994).

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