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Matter of Church

Appellate Division of the Supreme Court of New York, Third Department
Oct 1, 1992
186 A.D.2d 853 (N.Y. App. Div. 1992)

Opinion

October 1, 1992

Appeal from the Unemployment Insurance Appeal Board.


There is substantial evidence in the record to support the conclusion by the Unemployment Insurance Appeal Board that claimant voluntarily left her employment without good cause (see, Matter of Steed [Roberts], 115 A.D.2d 166). Claimant testified that she left her employment due to her employer's failure to provide her with health insurance. Claimant admitted, however, that at the time she was hired her employers did not promise her health insurance (see, Matter of Siff [Catherwood], 32 A.D.2d 699). Although claimant further testified that she was later promised such coverage, the testimony of one of her employers was to the contrary. According to the employer, while claimant was told that an effort was being made to obtain medical coverage, she was never told that it could be obtained or that it had in fact been obtained. It was for the Board to assess the credibility of the witnesses (see, Matter of Horton [Hartnett], 176 A.D.2d 1103, 1104), and even if it could be said that claimant's arguments establish the existence of substantial evidence to support a decision in her favor, this provides no basis to disturb a contrary decision by the Board which is also supported by substantial evidence (see, Matter of Baker [Hartnett], 147 A.D.2d 790, appeal dismissed 74 N.Y.2d 714).

Weiss, P.J., Mikoll, Yesawich Jr., Crew III and Harvey, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Church

Appellate Division of the Supreme Court of New York, Third Department
Oct 1, 1992
186 A.D.2d 853 (N.Y. App. Div. 1992)
Case details for

Matter of Church

Case Details

Full title:In the Matter of the Claim of JOYCE E. CHURCH, Appellant. JOHN F. HUDACS…

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

Date published: Oct 1, 1992

Citations

186 A.D.2d 853 (N.Y. App. Div. 1992)
588 N.Y.S.2d 210

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