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In re the Claim of McGlynn

52 A.D.2d 709, 382 N.Y.S.2d 586, 1976 N.Y. App. Div. LEXIS 12393
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 29, 1976
StatusPublished
Cited by9 cases

This text of 52 A.D.2d 709 (In re the Claim of McGlynn) 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 McGlynn, 52 A.D.2d 709, 382 N.Y.S.2d 586, 1976 N.Y. App. Div. LEXIS 12393 (N.Y. Ct. App. 1976).

Opinion

Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 10, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner disqualifying claimant from receiving benefits upon the ground that she lost her employment through misconduct. Claimant’s denial of the employer’s allegation that she failed to adhere to the rules and policies pertaining to the cashing of checks, acceptance of credit cards, ordering of merchandise and lunch hour limits presented questions of fact and credibility. A determination as to misconduct is a factual one and, since the resolution of the issues here were all within the province of the board and were supported by substantial evidence, they must be sustained (Labor Law, § 623; Matter of Lester [Catherwood], 30 AD2d 1025). Claimant’s other contentions concerning the hearing are not supported by the record. Decision affirmed, without costs. Kane, J. P., Mahoney, Main, Larkin and Herlihy, JJ., concur.

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Bluebook (online)
52 A.D.2d 709, 382 N.Y.S.2d 586, 1976 N.Y. App. Div. LEXIS 12393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-mcglynn-nyappdiv-1976.