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Matter of Eggers

Appellate Division of the Supreme Court of New York, Third Department
May 11, 1995
215 A.D.2d 859 (N.Y. App. Div. 1995)

Opinion

May 11, 1995

Appeal from the Unemployment Insurance Appeal Board.


Claimant, an automobile painter and body repairman, was discharged from his employment when he failed to work on a car the shop manager instructed him to repair. While there was conflicting testimony as to whether an invoice had been issued for work on the subject vehicle, it was for the Board to assess the credibility of the witnesses and weigh the evidence accordingly. Inasmuch as the shop manager testified that an invoice had been issued for the work, but that claimant did not want to do it and stormed out of the office slamming the door behind him, substantial evidence supports the Board's decision.

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


Summaries of

Matter of Eggers

Appellate Division of the Supreme Court of New York, Third Department
May 11, 1995
215 A.D.2d 859 (N.Y. App. Div. 1995)
Case details for

Matter of Eggers

Case Details

Full title:In the Matter of the Claim of RICHARD J. EGGERS, Appellant. JOHN E…

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

Date published: May 11, 1995

Citations

215 A.D.2d 859 (N.Y. App. Div. 1995)
626 N.Y.S.2d 333

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