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

Procedural entryThis page is a short order in In re the Claim of Santos. Read the opinion of the Court — 206 A.D.2d 575 →

Appellate Division of the Supreme Court of the State of New York·Decided November 18, 1993·Published

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.

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).

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198 A.D.2d 690 (In re the Claim of Santos) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.