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Matter of Martinez

Appellate Division of the Supreme Court of New York, Third Department
May 15, 1997
239 A.D.2d 764 (N.Y. App. Div. 1997)

Opinion

May 15, 1997

Appeal from the Unemployment Insurance Appeal Board.


We reject claimant's contention that the Unemployment Insurance Appeal Board erred in disqualifying him from receiving unemployment insurance benefits. Claimant stopped reporting for work after being told by a co-worker that he had been fired and failed to confirm this information with his employer. When claimant eventually did call his employer, he was told to report to work on March 25, 1996. Claimant, however, moved to Puerto Rico and did not report for work. We conclude that there is substantial evidence to support the Board's finding that claimant voluntarily left his employment without good cause and its decision is, accordingly, affirmed ( see, Matter of Haxton [Sweeney], 232 A.D.2d 708; Matter of David [Ross], 55 A.D.2d 770). Any conflicting testimony offered at the hearing merely presented a credibility issue for the Board to resolve (see, Matter of Lopez [Hartnett], 174 A.D.2d 923).

Cardona, P.J., Crew III, White, Yesawich Jr. and Peters, JJ., concur.

Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Martinez

Appellate Division of the Supreme Court of New York, Third Department
May 15, 1997
239 A.D.2d 764 (N.Y. App. Div. 1997)
Case details for

Matter of Martinez

Case Details

Full title:In the Matter of the Claim of OCTAVIO C. MARTINEZ, Also Known as OCTAVIO…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 15, 1997

Citations

239 A.D.2d 764 (N.Y. App. Div. 1997)
657 N.Y.S.2d 801

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