In re the Claim of McDonald

Appellate Division of the Supreme Court of New York

In re the Claim of McDonald

52 A.D.2d 697, 382 N.Y.S.2d 390, 1976 N.Y. App. Div. LEXIS 12373

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

DecidedApril 22, 1976

StatusPublished

This text of 52 A.D.2d 697 (In re the Claim of McDonald) 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 McDonald, 52 A.D.2d 697, 382 N.Y.S.2d 390, 1976 N.Y. App. Div. LEXIS 12373 (N.Y. Ct. App. 1976).

Pincite

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 9, 1975, which reversed the decision of a referee and sustained an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective March 9, 1975 because he lost his employment through misconduct in connection therewith. Claimant’s denial at the hearing that he discarded rather than deliver third class mail when juxtaposed to eyewitness testimony that the mail truck assigned to claimant was at the site at the time scheduled and that the physiognomy of the operator of the truck closely resembled that of claimant, raised a factual question that was within the province of the board to resolve. (Cf. US Code, tit 5, § 8506, subd [a], par [4], authorizing State agency of Federal employer to make factual findings which are final and conclusive for purposes of § 8502, subd [d] and § 8503, subd [c]; Matter of Goldberg [Catherwood] 35 AD2d 860.) Since there is substantial evidence in the record to support the board’s determination, it cannot be disturbed. (Matter of Fisher [Levine], 36 NY2d 146; Labor Law, § 623.) Decision affirmed, without costs. Kane, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.

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 October 9, 1975, which reversed the decision of a referee and sustained an initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits effective March 9, 1975 because he lost his employment through misconduct in connection therewith. Claimant’s denial at the hearing that he discarded rather than deliver third class mail when juxtaposed to eyewitness testimony that the mail truck assigned to claimant was at the site at the time scheduled and that the physiognomy of the operator of the truck closely resembled that of claimant, raised a factual question that was within the province of the board to resolve. (Cf. US Code, tit 5, § 8506, subd [a], par [4], authorizing State agency of Federal employer to make factual findings which are final and conclusive for purposes of § 8502, subd [d] and § 8503, subd [c]; Matter of Goldberg [Catherwood] 35 AD2d 860.) Since there is substantial evidence in the record to support the board’s determination, it cannot be disturbed. (Matter of Fisher [Levine], 36 NY2d 146; Labor Law, § 623.) Decision affirmed, without costs. Kane, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

52 A.D.2d 697, 382 N.Y.S.2d 390, 1976 N.Y. App. Div. LEXIS 12373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mcdonald-nyappdiv-1976.

Opinion

Related

Cite This Page — Counsel Stack