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Matter of Diolosa

Appellate Division of the Supreme Court of New York, Third Department
Feb 29, 1996
224 A.D.2d 899 (N.Y. App. Div. 1996)

Summary

upholding board's decision to award unemployment benefits where good cause was based on physical and verbal abuse from employer

Summary of this case from Bushika v. Department of Labor

Opinion

February 29, 1996

Appeal from the Unemployment Insurance Appeal Board.


Claimant, a bookkeeper, left his employment after a confrontation with his employer over the manner in which claimant took telephone messages. The Board denied claimant's application for unemployment insurance benefits, finding that he voluntarily left his employment without good cause. Claimant challenges the Board's decision arguing, inter alia, that he had good reason to leave his employment because he was required to perform tasks not within his job description, worked under deplorable conditions and underwent constant physical and verbal abuse from his employer. Upon reviewing the record, we find that the Board's decision is supported by substantial evidence. Although claimant stated that his employer verbally harassed and threatened him, in addition to physically assaulting him, the employer denied these allegations and other witnesses disputed claimant's version of the events. Such conflicting testimony merely presented questions of credibility for the Board to resolve, and we find no reason to disturb the Board's decision.

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


Summaries of

Matter of Diolosa

Appellate Division of the Supreme Court of New York, Third Department
Feb 29, 1996
224 A.D.2d 899 (N.Y. App. Div. 1996)

upholding board's decision to award unemployment benefits where good cause was based on physical and verbal abuse from employer

Summary of this case from Bushika v. Department of Labor
Case details for

Matter of Diolosa

Case Details

Full title:In the Matter of the Claim of NEIL DIOLOSA, Appellant. JOHN E. SWEENEY, as…

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

Date published: Feb 29, 1996

Citations

224 A.D.2d 899 (N.Y. App. Div. 1996)
638 N.Y.S.2d 228

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