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Matter of Buisch

Appellate Division of the Supreme Court of New York, Third Department
Feb 22, 1996
224 A.D.2d 853 (N.Y. App. Div. 1996)

Opinion

February 22, 1996

Appeal from the Unemployment Insurance Appeal Board.


Claimant worked as a meat manager at a supermarket. He was terminated from his employment for setting aside some steaks for later purchase in violation of his employer's policy. The Board denied claimant's application for unemployment insurance benefits on the ground that he was terminated for misconduct. Contrary to claimant's contention, we find that the Board's decision is supported by substantial evidence. Although claimant testified that his supervisor gave him permission to set aside the steaks, the supervisor did not recall granting claimant such permission. Since issues of credibility are properly for the Board to decide, we find no reason to disturb the Board's decision.

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


Summaries of

Matter of Buisch

Appellate Division of the Supreme Court of New York, Third Department
Feb 22, 1996
224 A.D.2d 853 (N.Y. App. Div. 1996)
Case details for

Matter of Buisch

Case Details

Full title:In the Matter of the Claim of J.S. BUISCH, Appellant. JOHN E. SWEENEY, as…

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

Date published: Feb 22, 1996

Citations

224 A.D.2d 853 (N.Y. App. Div. 1996)
638 N.Y.S.2d 202

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