In re the Claim of Santos

Appellate Division of the Supreme Court of New York

In re the Claim of Santos

198 A.D.2d 690, 605 N.Y.S.2d 963, 1993 N.Y. App. Div. LEXIS 10787

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

DecidedNovember 18, 1993

StatusPublished

This text of 198 A.D.2d 690 (In re the Claim of Santos) 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 Santos, 198 A.D.2d 690, 605 N.Y.S.2d 963, 1993 N.Y. App. Div. LEXIS 10787 (N.Y. Ct. App. 1993).

Pincite

Opinion

Appeals from two decisions of the Unemployment Insurance Appeal Board, filed February 26, 1991 and January 20, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The record contains substantial evidence to support the Board’s determination that claimant was discharged for misconduct because he struck a supervisor. While claimant’s testimony certainly differed from that of the employer’s witnesses, it was for the Board to finally resolve all credibility issues.

Mercure, J. P., Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.

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Appeals from two decisions of the Unemployment Insurance Appeal Board, filed February 26, 1991 and January 20, 1993, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

The record contains substantial evidence to support the Board’s determination that claimant was discharged for misconduct because he struck a supervisor. While claimant’s testimony certainly differed from that of the employer’s witnesses, it was for the Board to finally resolve all credibility issues.

Mercure, J. P., Cardona, White, Mahoney and Casey, JJ., concur. Ordered that the decision is affirmed, without costs.

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Bluebook (online)

198 A.D.2d 690, 605 N.Y.S.2d 963, 1993 N.Y. App. Div. LEXIS 10787, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-santos-nyappdiv-1993.