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In re Sweeney

Appellate Division of the Supreme Court of New York, Third Department
Nov 14, 1996
233 A.D.2d 649 (N.Y. App. Div. 1996)

Opinion

November 14, 1996.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 28, 1995, which ruled that claimant was entitled to receive unemployment insurance benefits.

Before: Mercure, J.P., Crew III, White, Casey and Yesawich Jr., JJ.


Claimant was employed as a cleaning person at one of the employer's oifice buildings from November 1989 to July 1994, when she was discharged. The employer represents that claimant's discharge was brought about by various acts of in-subordination. Claimant disputes this assertion and indeed her testimony and that of the employer present conflicting descriptions of the incidents that led to claimant's discharge. Such differing interpretations, however, raised questions of fact and credibility for resolution by the Board ( see, Matter of Watson [Paul, Weiss, Rifkind, Wharton Garrison" Hudacs], 189 AD2d 1088, 1089). We find that the Board's decision is supported by substantial evidence and, accordingly, it will not be disturbed ( see, Matter of Lichtenberger [Phelps Mem. Hosp." Hudacs], 180 AD2d 935).

Ordered that the decision is aifirmed, without costs.


Summaries of

In re Sweeney

Appellate Division of the Supreme Court of New York, Third Department
Nov 14, 1996
233 A.D.2d 649 (N.Y. App. Div. 1996)
Case details for

In re Sweeney

Case Details

Full title:In the Matter of the Claim of LISA M. WALDEN, Respondent. 10 ELLICOTT…

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

Date published: Nov 14, 1996

Citations

233 A.D.2d 649 (N.Y. App. Div. 1996)
649 N.Y.S.2d 835