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Matter of Fernandez

Appellate Division of the Supreme Court of New York, Third Department
Apr 10, 1997
238 A.D.2d 704 (N.Y. App. Div. 1997)

Opinion

April 10, 1997


Appeal from a decision of the Unemployment Insurance Appeal Board, filed April 23, 1996, which, inter alia, ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

Claimant was discharged from his employment after leaving work early without permission. Claimant's application for unemployment insurance benefits was denied upon the Unemployment Insurance Appeal Board's finding that claimant was terminated for misconduct.

Although claimant asserts that he was permitted to leave work to attend a doctor's appointment, the Board found otherwise after accepting the employer's testimony to the contrary. The Board is entitled to resolve credibility issues ( see, Matter of Santos [Hudacs], 206 A.D.2d 575). We find that substantial evidence supports the Board's decision ( see, Matter of Cassaro [Sweeney], 221 A.D.2d 790, 791) and, accordingly, it must be affirmed.

Mikoll, J.P., Mercure, Casey, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.


Summaries of

Matter of Fernandez

Appellate Division of the Supreme Court of New York, Third Department
Apr 10, 1997
238 A.D.2d 704 (N.Y. App. Div. 1997)
Case details for

Matter of Fernandez

Case Details

Full title:In the Matter of the Claim of MIGUEL A. FERNANDEZ, Appellant. JOHN E…

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

Date published: Apr 10, 1997

Citations

238 A.D.2d 704 (N.Y. App. Div. 1997)
656 N.Y.S.2d 424

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