In re the Claim of Leaonardi

Appellate Division of the Supreme Court of New York

In re the Claim of Leaonardi

213 A.D.2d 861, 624 N.Y.S.2d 971, 1995 N.Y. App. Div. LEXIS 2824

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

DecidedMarch 16, 1995

StatusPublished

This text of 213 A.D.2d 861 (In re the Claim of Leaonardi) 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.

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In re the Claim of Leaonardi, 213 A.D.2d 861, 624 N.Y.S.2d 971, 1995 N.Y. App. Div. LEXIS 2824 (N.Y. Ct. App. 1995).

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Opinion

Casey, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 27, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

The Unemployment Insurance Appeal Board’s finding that claimant voluntarily left her employment without good cause and was not harassed by her employer is based upon its resolution of the credibility issue created by claimant’s testimony, a matter within the scope of the Board’s fact-finding powers (see, Matter of Di Maria v Ross, 52 NY2d 771). The Board’s decision is supported by substantial evidence and must, therefore, be affirmed (see, Matter of Bradley [Hudacs] 190 AD2d 949).

Cardona, P. J., Mercure, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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Casey, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 27, 1993, which ruled that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

The Unemployment Insurance Appeal Board’s finding that claimant voluntarily left her employment without good cause and was not harassed by her employer is based upon its resolution of the credibility issue created by claimant’s testimony, a matter within the scope of the Board’s fact-finding powers (see, Matter of Di Maria v Ross, 52 NY2d 771). The Board’s decision is supported by substantial evidence and must, therefore, be affirmed (see, Matter of Bradley [Hudacs] 190 AD2d 949).

Cardona, P. J., Mercure, Peters and Spain, JJ., concur. Ordered that the decision is affirmed, without costs.

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213 A.D.2d 861, 624 N.Y.S.2d 971, 1995 N.Y. App. Div. LEXIS 2824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-leaonardi-nyappdiv-1995.

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