From Casetext: Smarter Legal Research

Matter of May

Appellate Division of the Supreme Court of New York, Third Department
Mar 24, 1994
202 A.D.2d 873 (N.Y. App. Div. 1994)

Opinion

March 24, 1994

Appeal from the Unemployment Insurance Appeal Board.


The Board's conclusion that claimant had compelling reasons to leave his employment and that his leaving was therefore not voluntary is supported by substantial evidence. The Board found that claimant had been accused of misappropriating the employer's merchandise, which claimant denied. Although he was not fired, claimant was nevertheless told that he was still accused and that he would be carefully watched in the future. Claimant testified that the employer refused to investigate his claim of innocence and that he felt he could no longer perform his job under such circumstances. The employer raises issues of credibility which were resolved against it by the Board.

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


Summaries of

Matter of May

Appellate Division of the Supreme Court of New York, Third Department
Mar 24, 1994
202 A.D.2d 873 (N.Y. App. Div. 1994)
Case details for

Matter of May

Case Details

Full title:In the Matter of the Claim of GERARD P. MAY, Respondent. LATHAM BROTHERS…

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

Date published: Mar 24, 1994

Citations

202 A.D.2d 873 (N.Y. App. Div. 1994)
609 N.Y.S.2d 444