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Matter of Biondo

Appellate Division of the Supreme Court of New York, Third Department
Apr 1, 1976
52 A.D.2d 656 (N.Y. App. Div. 1976)

Opinion

April 1, 1976


Appeal from a decision of the Unemployment Insurance Appeal Board, filed August 27, 1975, which affirmed the decision of a referee sustaining the initial determination of the Industrial Commissioner holding claimant ineligible to receive benefits because of insufficient weeks of covered employment in her base period. At issue on this appeal is whether claimant could be credited with the required weeks of covered employment during the established base period (Labor Law, § 527). Resolution of that question depended largely upon the credibility of witnesses who testified, a matter within the sole province of the board. Since the board's decision thereon is supported by substantial evidence, it must be affirmed (Matter of Collazo [Levine], 51 A.D.2d 603; Matter of Mitagstein [Catherwood], 32 A.D.2d 584). Decision affirmed, without costs. Sweeney, J.P., Kane, Main, Larkin and Reynolds, JJ., concur.


Summaries of

Matter of Biondo

Appellate Division of the Supreme Court of New York, Third Department
Apr 1, 1976
52 A.D.2d 656 (N.Y. App. Div. 1976)
Case details for

Matter of Biondo

Case Details

Full title:In the Matter of the Claim of ANNETTE F. BIONDO, Appellant. LOUIS L…

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

Date published: Apr 1, 1976

Citations

52 A.D.2d 656 (N.Y. App. Div. 1976)

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