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In re the Claim of Toms

Appellate Division of the Supreme Court of New York, Third Department
Jan 6, 2000
268 A.D.2d 650 (N.Y. App. Div. 2000)

Opinion

January 6, 2000

Appeal from a decision of the Unemployment Insurance Appeal Board, filed September 18, 1998, which ruled that claimant was entitled to receive unemployment insurance benefits.

Robert P. Whelan, New York City, for appellant.

Cynthia Feathers, Saratoga Springs, for Barbara Toms, respondent.

Before: CARDONA, P.J., PETERS, SPAIN, CARPINELLO and MUGGLIN, JJ.


MEMORANDUM AND ORDER

Claimant, a licensed practical nurse employed at a retirement home, found evidence in her home that her husband had been involved in an armed robbery and turned him in to the authorities. According to claimant, she was told by her supervisor not to come back to work because the situation involving her husband was making the other employees uncomfortable. In our view, substantial evidence supports the Unemployment Insurance Appeal Board's ruling that claimant did not lose her employment under disqualifying circumstances and was entitled to unemployment insurance benefits (see, Matter of McDuffie [Menorah Home Hosp. for the Aged Infirm — Commissioner of Labor], 257 A.D.2d 824). Although claimant's supervisor denied firing claimant, the conflicting testimony merely presented a credibility issue for the Board to resolve (see, Matter of Singh [Sweeney], 247 A.D.2d 666). The remaining contentions advanced by claimant have been examined and rejected as unpersuasive.

CARDONA, P.J., PETERS, SPAIN, CARPINELLO and MUGGLIN, JJ., concur.

ORDERED that the decision is affirmed, without costs.


Summaries of

In re the Claim of Toms

Appellate Division of the Supreme Court of New York, Third Department
Jan 6, 2000
268 A.D.2d 650 (N.Y. App. Div. 2000)
Case details for

In re the Claim of Toms

Case Details

Full title:In the Matter of the Claim of BARBARA TOMS, Respondent. ST. JOHN NEUMANN…

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

Date published: Jan 6, 2000

Citations

268 A.D.2d 650 (N.Y. App. Div. 2000)
700 N.Y.S.2d 765